2019 Colorado Revised Statutes
Title 31 - Government - Municipal


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Colorado Revised Statutes 2019 TITLE 31 GOVERNMENT - MUNICIPAL Editor's note: This title was primarily numbered as articles within chapter 139, C.R.S. 1963; however, a few sections were located in article 1 of chapter 140, C.R.S. 1963. The provisions of this title were repealed and reenacted in 1975, resulting in the addition, relocation, and elimination of sections as well as subject matter. For amendments to this title prior to 1975, consult the Colorado statutory research explanatory note and the table itemizing the replacement volumes and supplements to the original volume of C.R.S. 1973 beginning on page vii in the front of this volume. Former C.R.S. section numbers are shown in editor's notes following those sections that were relocated. For a detailed comparison of this title, see the comparative tables located in the back of the index. Cross references: For local government generally, see title 29; for special districts, see title 32; for garnishment of public servants, see article 61 of title 13; for cooperation with federal government in housing, see article 55 of title 24; for local boards of health, see part 6 of article 1 of title 25; for municipal employees' retirement system, see part 2 of article 51 of title 24; for eminent domain proceedings by a municipality, see article 6 of title 38; for municipal highways, see article 2 of title 43; for the power of a city council or the board of trustees of town to establish airports, see part 2 of article 4 of title 41; for municipal courts, see article 10 of title 13. CORPORATE CLASS - ORGANIZATION AND TERRITORY ARTICLE 1 General Provisions and Classification PART 1 GENERAL PROVISIONS 31-1-101. Definitions. As used in this title, except where specifically defined, unless the context otherwise requires: (1) "Ad valorem tax" means only the general property tax levied annually on real or personal property listed with the county assessor. (2) "City" means a municipal corporation having a population of more than two thousand incorporated pursuant to the provisions of part 1 of article 2 of this title or reorganized pursuant to the provisions of part 3 of article 2 of this title or pursuant to the provisions of any other general law on or after July 3, 1877, and a municipal corporation, regardless of population, organized as a city on December 31, 1980, and choosing not to reorganize as a town pursuant to Colorado Revised Statutes 2019 Page 1 of 587 Uncertified Printout part 2 of this article, but does not include any city incorporated prior to July 3, 1877, which has chosen not to reorganize nor any city or city and county which has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state constitution. (3) "City clerk", "clerk", or "town clerk" means the clerk of the municipality who is the custodian of the official records of the municipality or any person delegated by the clerk to exercise any of his powers, duties, or functions. (4) "Governing body" means the city council of a city organized pursuant to part 1 of article 4 of this title, the city council of a city organized pursuant to part 2 of article 4 of this title, the board of trustees of a town, or any other body, by whatever name known, given lawful authority to adopt ordinances for a specific municipality. For purposes of determining a quorum or the required number of votes for any matter, "governing body" includes the total number of seats on the governing body but does not include the seat held by a nonvoting city manager under section 31-4-214. (5) "Mayor" means the mayor of the municipality; except that in a municipality having a city manager form of government, "mayor" means the presiding officer of the governing body of the municipality. (6) "Municipality" means a city or town and, in addition, means a city or town incorporated prior to July 3, 1877, whether or not reorganized, and any city, town, or city and county which has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state constitution. (7) "Qualified elector" means a person who is qualified under the provisions of the "Colorado Municipal Election Code of 1965" to register to vote in elections of the municipality or who, with respect to a proposed city or town or the creation of an improvement district, is qualified to register to vote in the territory involved in the proposed incorporation or district. (8) "Qualified taxpaying elector" means a qualified elector who, during the twelve months next preceding the election, has paid an ad valorem tax on property owned by him and situated within the municipality or within the territory involved in the proposed incorporation or improvement district. (9) "Registered elector" means a qualified elector who has registered to vote in the manner required by law. (10) "Regular election" means: (a) Before July 1, 2004, the election held in towns on the first Tuesday of April in each even-numbered year; the election held in cities on the first Tuesday of November in each oddnumbered year; and the election held in any other municipality at which the regular election of officers takes place; (b) On and after July 1, 2004, the election held in any municipality in accordance with paragraph (a) of this subsection (10) unless a majority of the registered electors of the municipality voting on the question have voted to hold the regular election on a date different than specified in paragraph (a) of this subsection (10) pursuant to section 31-10-109 (1), in which case "regular election" means, for any particular municipality, the date on which the regular election of officers takes place as determined by the registered electors of the municipality. (11) "Special election" means any election called by the governing body of any municipality or initiated by petition to be held at a time other than the regular election for the purpose of submitting public questions or proposals to the registered electors of the municipality. Colorado Revised Statutes 2019 Page 2 of 587 Uncertified Printout (12) "Street" means any street, avenue, boulevard, road, land, alley, viaduct, right-ofway, courtway, or other public thoroughfare or place of any nature open to the use of the municipality or of the public, whether the same was acquired in fee or by grant of dedication or easement or by adverse use. (13) "Town" means a municipal corporation having a population of two thousand or less incorporated pursuant to the provisions of part 1 of article 2 of this title or reorganized pursuant to the provisions of part 3 of article 2 of this title or pursuant to the provisions of any other general law on or after July 3, 1877, and a municipal corporation, regardless of population, organized as a town on December 31, 1980, and choosing not to reorganize as a city pursuant to part 2 of this article, but does not include any town incorporated prior to July 3, 1877, which has chosen not to reorganize nor any town which has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state constitution. (14) "Ward" means a district, the boundaries of which have been established pursuant to section 31-2-104 or 31-4-104, from which a member of the governing body of the city or town is elected. Source: L. 75: Entire title R&RE, p. 1004, § 1, effective July 1. L. 79: (10) and (11) amended, p. 1170, § 1, effective July 1. L. 81: (4) amended, p. 1493, § 1, effective May 28; (2) and (13) amended, p. 1488, § 1, effective June 5. L. 85: (10) amended, p. 273, § 6, effective April 30. L. 89: (4) amended, p. 1287, § 2, effective April 6. L. 2000: (10) amended, p. 791, § 3, effective August 2. L. 2004: (10) amended, p. 1522, § 2, effective May 28; (10) amended, p. 808, § 1, effective July 1. L. 2005: (2) and (13) amended, p. 774, § 57, effective June 1. Editor's note: (1) The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. (2) Amendments to subsection (10) by House Bill 04-1072 and House Bill 04-1430 were harmonized. 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. Colorado Revised Statutes 2019 Page 3 of 587 Uncertified Printout (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. Source: L. 75: Entire title R&RE, p. 1006, § 1, effective July 1. PART 2 CLASSIFICATION OF MUNICIPALITIES 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. Source: L. 75: Entire title R&RE, p. 1006, § 1, effective July 1. 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. Source: L. 75: Entire title R&RE, p. 1006, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-1-101 and 31-1-102 as they existed prior to 1975. 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. Colorado Revised Statutes 2019 Page 4 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1006, § 1, effective July 1. L. 81: (2) repealed, p. 1492, § 9, effective June 5. Editor's note: This section is similar to former §§ 31-1-201 and 31-1-202 as they existed prior to 1975. For a detailed comparison, see the comparative tables at the back of the index. 31-1-204. Change of classification - towns - notice - effect on officeholders - options prior to reorganization - terms of office - election dates. (1) The governor and secretary of state, within six months after the returns of any United States census have been filed in the office of the secretary of state, or within thirty days after the returns of the enumeration of the inhabitants of any town taken under and by authority of any town ordinance or resolution adopted by the board of trustees of such town have been filed in the office of the secretary of state, shall ascertain which towns are entitled to become cities. The governor shall cause a statement thereof to be prepared by the secretary of state, which statement shall be published in some newspaper published at the state capital and also in some newspaper, if there is one, printed in each of the towns entitled to such change in classification. A copy of such statement shall be transmitted by the secretary of state to the mayors of said towns and to the next general assembly. (2) Every such town may proceed at any subsequent regular town election held not sooner than ninety days after the date of the statement's receipt by the mayor, to organize according to the new classification available to it by the election of officers properly belonging thereto. No change of classification, nor the organization of the town into a city in accordance with this section, shall cause the removal from office of any member of the governing body of such town whose term of office has not expired. (3) Notwithstanding the provisions of sections 31-4-105 and 31-4-107 (4), prior to any election to reorganize to a statutory city under part 1 of article 4 of this title, the governing body of the town may adopt an ordinance providing for the continued appointment of the clerk and treasurer by the governing body. If such an ordinance is repealed, the clerk and treasurer positions shall then be elective offices until changed pursuant to section 31-4-107 (4). (4) Notwithstanding the provisions of part 2 of article 4 of this title, prior to any election to reorganize, the governing body may conduct an election under the provisions of part 2 of article 4 of this title to determine whether the town should reorganize directly into a city councilcity manager form of government. If the voters vote to reorganize in such a manner, the town's form of government shall remain unchanged until the reorganization election at which time the town shall reorganize into a city council-city manager form of government. For the purpose of section 31-4-204 (1), laws of the state applicable to cities and not inconsistent with this part 2 or with part 2 of article 4 of this title shall apply to and govern the town after its reorganization into a city council-city manager form of government. (5) Notwithstanding the provisions of sections 31-4-104, 31-4-105, 31-4-106, and 31-4205, prior to any reorganization election, the governing body of the town may adopt an ordinance establishing the number of members to be on the city council after reorganization, which number shall not be less than six, and providing that all members shall be elected from the city at large. If such an ordinance is repealed, the members of the council shall be elected according to the provisions of part 1 or part 2 of article 4 of this title, whichever is applicable. Colorado Revised Statutes 2019 Page 5 of 587 Uncertified Printout (6) Notwithstanding the provisions of sections 31-4-105 and 31-4-205 (1), if four-year overlapping terms for the mayor and trustees or any other elective officer were established prior to the reorganization election, such terms shall continue after reorganization for the mayor and council members and any other elective city office until changed pursuant to section 31-4-107 (3) or 31-4-205 (3). (7) In conformity with the provisions of section 31-1-101 (10), the regular election date for towns reorganizing into cities shall remain, after reorganization, the first Tuesday of April in each even-numbered year unless a majority of the registered electors of the city voting on the question have voted to hold the regular election of the city on a different date pursuant to section 31-10-109 (1), in which case the regular election date of the city shall mean, for such city, the date on which the regular election of officers takes place as determined by the registered electors of the city. Notwithstanding the provisions of section 31-10-109 (1), after reorganization, the governing body of the city may by ordinance establish its regular election date on the Tuesday succeeding the first Monday of November in each odd-numbered year, and may include in such ordinance any alteration in the term of office of officials subsequently elected which may be necessary to accomplish the change in election dates in an orderly manner. In no event shall such ordinance shorten the term of any elected official in office at the time of its adoption. Source: L. 75: Entire title R&RE, p. 1007, § 1, effective July 1. L. 81: (2) amended and (3) to (7) added, p. 1489, § 2, June 5. L. 86: (7) amended, p. 1220, § 29, effective May 30. L. 2004: (7) amended, p. 809, § 2, effective July 1. Editor's note: This section is similar to former § 31-1-203 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1007, § 1, effective July 1. L. 81: Entire section amended, p. 1490, § 3, effective June 5. Editor's note: This section is similar to former § 31-1-204 as it existed prior to 1975. 31-1-206. Change in classification - cities - notice - effect on officeholders - terms of office - election dates. (1) The governor and the secretary of state, within six months after the returns of any United States census have been filed in the office of the secretary of state, or within thirty days after the returns of the enumeration of the inhabitants of any city taken under and by virtue of any city ordinance or resolution adopted by the city council have been filed in the office of the secretary of state, shall ascertain whether such city has a population of two thousand or less. If it appears that a city is entitled to change its classification to that of a town, the governor shall cause a statement thereof to be prepared by the secretary of state, which Colorado Revised Statutes 2019 Page 6 of 587 Uncertified Printout statement shall be published in some newspaper published at the state capital and also in some newspaper, if there is one, printed in the city involved. (2) A copy of such statement shall be transmitted by the secretary of state to the mayor of said city and to the next general assembly; and every such city, at any subsequent city regular election held not sooner than ninety days after the date of the statement's receipt by the mayor, may proceed to organize according to the new classification available to it by the election of officers properly belonging thereto. No change of classification, nor the organization of the city into a town in accordance with this section and section 31-1-207, shall cause the removal from office of any member of the governing body of such city whose term of office has not expired; all such members shall continue to be members of the governing body of the newly classified town for their respective terms of office. (3) Notwithstanding the provisions of section 31-4-301 (2) and (5), if four-year overlapping terms for the mayor and council members or any other elective officer were established prior to the reorganization election, such terms shall continue after reorganization for the mayor and trustees and any other elective town office until changed pursuant to section 31-4301 (5). (4) In conformity with the provisions of section 31-1-101 (10), the regular election date for cities reorganizing into towns shall remain, after reorganization as a town, the Tuesday succeeding the first Monday of November in each odd-numbered year unless a majority of the registered electors of the town voting on the question have voted to hold the regular election of the town on a different date pursuant to section 31-10-109 (1), in which case the regular election date of the city shall mean, for any particular municipality, the date on which the regular election of officers takes place as determined by the registered electors of the municipality. Source: L. 75: Entire title R&RE, p. 1007, § 1, effective July 1. L. 81: (1) and (2) amended and (3) and (4) added, p. 1490, §§ 4, 5, effective June 5. L. 86: (4) amended, p. 1221, § 30, effective May 30. L. 2004: (4) amended, p. 809, § 3, effective July 1. Editor's note: This section is similar to former § 31-1-205 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1008, § 1, effective July 1. L. 81: Entire section amended, p. 1491, § 6, effective June 5. Editor's note: This section is similar to former § 31-1-206 as it existed prior to 1975. ARTICLE 2 Formation and Reorganization Colorado Revised Statutes 2019 Page 7 of 587 Uncertified Printout PART 1 INCORPORATION 31-2-101. Petition to district court. (1) Whenever the inhabitants of any territory not embraced within the limits of any existing municipality desire to be organized into a city or town, they shall file a petition for incorporation of such city or town with the district court of the county within which such territory, or any part thereof, is situate. The petition shall be signed by not less than one hundred fifty of the registered electors who are landowners and residents within the territory or, in cases where the territory involved is wholly situate in a county having a population of twenty-five thousand or less, signed by forty such registered electors who are landowners and residents and shall: (a) Describe the territory proposed to be embraced in such city or town, which description shall determine the boundaries thereof; (b) Have attached thereto an accurate map or plat thereof on a scale no less than one inch to one thousand feet; (c) State the name proposed for such city or town; (d) Be accompanied with satisfactory proofs of the number of inhabitants within the territory embraced within the limits of the proposed city or town, which proofs shall be based upon the last preceding federal census, as adjusted according to the records of the county planning office or other county records. At the time of the filing of said petition, the petitioners shall file a bond, in an amount to be determined and approved by the court, to cover the expenses connected with the proceedings in case the incorporation is not effected. In no case shall there be incorporated in such city or town any undivided tract of land consisting of forty or more acres lying within the proposed limits of such city or town without the consent of the owners thereof. (1.5) The petition may include a request for submission to the electors of the proposed municipality at the incorporation election of any matter permitted to be submitted at the election pursuant to section 31-2-102 (1.5). (2) No such petition shall be filed where any portion of the boundaries of the proposed city or town is within one mile from the boundaries of any existing municipality, unless the territory proposed to be included within such city or town is composed of three hundred twenty acres or more. (2.5) (a) In addition to any other notice that may be required under this part 1, whenever the number of registered electors within the area that is the subject of a petition filed pursuant to subsection (1) of this section is less than two thousand five hundred persons, notice of the filing of the petition shall be sent by first-class mail to each person owning real property within the area at the address shown for such owner in the records of the county assessor's office. The cost of mailing the notice required by this paragraph (a) shall be borne by the petitioners. (b) The notice required by paragraph (a) of this subsection (2.5) shall include the name, address, and telephone number of a contact person who is able to provide information on the petition to the public, the case number of the civil action concerning the petition, and the district court in which the petition is filed. The notice shall also inform the property owner that, if he or she would like to obtain a copy of the petition, the property owner shall submit to the contact person a request for a copy of the petition along with the payment of a fee. The notice shall specify the amount of the fee and instructions as to the manner in which payment shall be made. Colorado Revised Statutes 2019 Page 8 of 587 Uncertified Printout The fee charged pursuant to this paragraph (b) shall conform to the requirements of section 2472-205 (5)(a), C.R.S. Upon receipt of payment, the contact person shall mail a copy of the petition to the property owner. (c) The notice required by paragraph (a) of this subsection (2.5) shall be sent prior to the date on which the district court makes its findings and determination pursuant to section 31-2102 (1). (3) (a) No incorporation election shall be held pursuant to section 31-2-102 unless the court finds that the proposed area of incorporation is urban in character and unless the court additionally finds that: (I) The proposed area of incorporation has an average of at least fifty registered electors residing within the boundaries of the proposed area of incorporation for each square mile of area. (II) Repealed. (III) (Repeal provision deleted by revision.) (b) (I) If the proposed area of incorporation has fewer than five hundred registered electors residing therein, a public hearing shall be held before the board of county commissioners to consider whether the petitioners may hold an incorporation election. Thirty days' notice of the time and place of such hearing shall be given by one publication thereof in a newspaper of general circulation in the county. (II) After public hearing, the board of county commissioners may refuse to permit the incorporation election to be held if the board finds upon satisfactory evidence that: (A) Any of the criteria set forth for special districts in section 32-1-203 (2), C.R.S., exist with respect to the area proposed for incorporation; (B) Annexation to a nearby municipality would avoid unnecessary duplication of the services referred to in sub-subparagraph (A) of this subparagraph (II); and (C) The proposed incorporation is inconsistent with any applicable county or regional comprehensive plan. (III) If the proposed area of incorporation includes more than one county, the board of county commissioners of each county included may meet and devise a procedure for a joint hearing to determine whether the petitioners may hold an incorporation election. (4) If, at any time between the filing of a petition pursuant to this section and not less than ten days prior to the date of the election thereon, there is filed with the court any subsequent petition which meets the requirements of this part 1 and which embraces any of the territory embraced in the initial petition calling for such election, the court may order that all such proposals contained in the said petitions filed with the court be submitted to the registered electors of the territories embraced by such petitions, to be voted on at one election, in the alternative. The court may order the rescission of any prior call of an election, discharge any commissioners previously appointed, and order the appointment of a new commission to call the election on all such proposals, or the court may order the inclusion of the subsequent proposals in the call of an election by the originally appointed commissioners. Source: L. 75: Entire title R&RE, p. 1008, § 1, effective July 1. L. 79: (3)(a) amended, p. 1183, § 1, effective June 21. L. 81: (3)(a)(III) amended, p. 1497, § 1, effective May 27; (3)(b)(II)(A) amended, p. 1614, § 14, effective July 1. L. 87: IP(1) amended, p. 325, § 73, effective July 1. L. 94: (1.5) added, p. 1190, § 86, effective July 1. L. 2008: (2.5) added, p. 49, § 1, effective September 1. Colorado Revised Statutes 2019 Page 9 of 587 Uncertified Printout Editor's note: (1) This section is similar to former § 31-1-103 as it existed prior to 1975. (2) Subsection (3)(a)(III) provided for the repeal of subsection (3)(a)(II), effective July 1, 1983, and is therefore deleted by revision as obsolete. (See L. 81, p. 1497.) 31-2-102. Incorporation election. (1) If the district court finds and determines that the territory described in the petition and the petition itself meet the requirements of this part 1, it shall appoint not less than five nor more than nine commissioners, who shall be registered electors residing within the territory described in the petition. Each commissioner, within ten days after his appointment, shall signify by affidavit to the court his intent to serve as commissioner. The commissioners shall hold a meeting within ten days after their acceptance and shall elect a chairman and such other officers as they may determine advisable to assist them in the performance of their duties. A majority of the commissioners appointed shall constitute a quorum at any meeting for the purpose of carrying out their legal duties. Such commissioners, within ten days following their acceptance, by resolution setting the date and time therefor, shall call an election of all the registered electors residing within the territory embraced within said territory, such election to be held not later than ninety days after the date of the call thereof, except as provided in this section. The chairman or other officer of the commissioners shall promptly report to the court, by affidavit, the provisions of the call for election. (1.5) At any election for the incorporation of a new municipality, the commissioners shall also place upon the ballot any local government matters arising under section 20 of article X of the state constitution, as defined in section 1-41-103 (4), C.R.S., as applied to the new municipality, if the petition filed pursuant to section 31-2-101 requests that such matters be submitted at the incorporation election. Notwithstanding the provisions of subsection (5) of this section, any incorporation election at which a local government matter arising under section 20 of article X of the state constitution is submitted shall be conducted at the time and in the manner required by section 20 of article X of the state constitution. (2) The commissioners shall establish one or more precincts within said limits and shall designate one polling place for each precinct. The precincts shall consist of one or more whole general election precincts wherever practicable. The chairman shall forthwith certify the precinct boundaries to the county clerk and recorder of the county in which such territory is located. The county clerk and recorder shall prepare a registration list for each precinct in the manner provided in the "Colorado Municipal Election Code of 1965". (3) Registration and changes of address may be made with the county clerk and recorder. The county clerk and recorder, in his or her discretion, may conduct registration from time to time within the proposed municipal boundaries. (4) The notice of such an election shall be given by the commissioners in the manner prescribed by the "Colorado Municipal Election Code of 1965". Such notice shall include a description of the limits of the proposed town or city and shall state that the description and plat thereof are on file in the office of the clerk of the district court. (5) The commissioners shall conduct the election in conformity with the provisions of the "Colorado Municipal Election Code of 1965" insofar as applicable. The commissioners shall act as judges and clerks of the election, and the chairman may appoint such additional judges and clerks of election as he deems necessary. The commissioners shall report the results of the Colorado Revised Statutes 2019 Page 10 of 587 Uncertified Printout election to the court within three days following the election. The ballots or voting machine tabs used at said election shall be "For Incorporation" and "Against Incorporation". (6) If more than one proposal is to be voted upon at the election and no proposal receives a majority of favorable votes, all the submitted proposals shall fail; and, if there is a tie in the number of favorable votes cast for any proposals, such proposals shall be voted upon in a runoff election. Source: L. 75: Entire title R&RE, p. 1009, § 1, effective July 1. L. 87: (3) amended, p. 326, § 74, effective July 1. L. 94: (1.5) added, p. 1190, § 87, effective July 1; (3) amended, p. 1772, § 35, effective January 1, 1995. L. 95: (3) amended, p. 856, § 95, effective July 1. L. 2014: (3) amended, (HB 14-1164), ch. 2, p. 58, § 10, effective February 18. Editor's note: This section is similar to former § 31-1-104 as it existed prior to 1975. Cross references: (1) For the "Colorado Municipal Election Code of 1965", see article 10 of this title. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 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. Source: L. 75: Entire title R&RE, p. 1010, § 1, effective July 1. L. 84: (2) amended, p. 829, § 1, effective March 22. Colorado Revised Statutes 2019 Page 11 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-1-105 as it existed prior to 1975. 31-2-104. Organization of new city or town. (1) After the filing of the record in the proper offices by the clerk of the court, the commissioners mentioned in section 31-2-102, in the case of a city, by resolution, shall divide the city into wards in accordance with the provisions of section 31-4-104, and the commissioners may, in the case of a town, similarly divide such town into wards. Each ward shall contain at least one precinct, and no precinct or part thereof shall be located within more than one ward. Precinct boundaries shall be the same as those established pursuant to section 31-2-102. Said resolution shall be filed with the clerk of the district court; but the first governing body shall have authority by ordinance to change the boundaries and number of wards prior to the next regular election. (2) The commissioners by their chairman, at least four weeks before the date of the first election of officers, shall give preliminary notice thereof by publication in newspapers selected in the manner prescribed by the "Colorado Municipal Election Code of 1965". Such notice shall contain the following information: (a) The time when the election will be held and the precinct boundaries and location of the polling place for each precinct; (b) A description of the boundaries of the wards, if there are wards; (c) The officers then to be elected; (d) The fact that candidates for office may be nominated and their names placed on the ballot in accordance with the petition requirements set out in the "Colorado Municipal Election Code of 1965"; (e) The last date on which nomination petitions may be filed; (f) The last date registration and changes of address may be made with the county clerk and recorder; and (g) The qualifications for persons to vote in the election. (3) Registration and changes of address may be made in the office of the county clerk and recorder. The county clerk and recorder has authority in his or her sole discretion, from time to time, to conduct registration within the proposed corporate limits. Each nomination petition must be filed with the clerk of the district court. Nominating petitions shall be made and filed and vacancies in nomination shall be filled in accordance with the "Colorado Municipal Election Code of 1965". (4) At least twenty days before the election, the commissioners by their chair shall give notice of the election in the manner prescribed by the "Colorado Municipal Election Code of 1965". (5) At such election the registered electors of such city or town residing within the limits of such city or town shall choose officers therefor, to hold their offices until the first regular election. The commissioners shall act as judges and clerks of the election; but the chairman may appoint such additional judges and clerks as he deems necessary for the proper conduct of the election. The election shall be conducted by the commissioners in the manner prescribed by the "Colorado Municipal Election Code of 1965", insofar as applicable. (6) Candidates for election and elected officers shall bear the same qualifications for office as required of candidates and officers of a city or town as the case may be. Colorado Revised Statutes 2019 Page 12 of 587 Uncertified Printout (7) All costs and expenses connected with such incorporation proceedings, including all election expenses and fees for necessary legal expenses, shall be paid by the governing body of the newly incorporated city or town within one year from the date of incorporation. Source: L. 75: Entire title R&RE, p. 1011, § 1, effective July 1. L. 87: (3) amended, p. 326, § 75, effective July 1. L. 94: (3) amended, p. 1772, § 36, effective January 1, 1995. L. 95: (3) amended, p. 856, § 26, effective July 1. L. 2014: (3) amended, (HB 14-1164), ch. 2, p. 58, § 11, effective February 18. L. 2015: (4) amended, (HB 15-1130), ch. 230, p. 854, § 3, effective August 5. Editor's note: This section is similar to former § 31-1-106 as it existed prior to 1975. Cross references: (1) For the "Colorado Municipal Election Code of 1965", see article 10 of this title. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. (3) For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. 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 31-2103, 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. Source: L. 75: Entire title R&RE, p. 1012, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-107 as it existed prior to 1975. 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. Colorado Revised Statutes 2019 Page 13 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1012, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-1-108 and 31-1-109 as they existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1013, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-111 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1013, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-1-107 and 31-1-110 as they existed prior to 1975. 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. Colorado Revised Statutes 2019 Page 14 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1013, § 1, effective July 1. L. 90: Entire section amended, p. 1435, § 3, effective January 1, 1991. Editor's note: This section is similar to former § 31-4-109 as it existed prior to 1975. PART 2 MUNICIPAL HOME RULE Cross references: For home rule cities and towns, see article XX of the state constitution; for home rule counties, see article 35 of title 30. 31-2-201. Short title. This part 2 shall be known and may be cited as the "Municipal Home Rule Act of 1971". Source: L. 75: Entire title R&RE, p. 1013, § 1, effective July 1. Editor's note: This section is similar to former § 31-2-101 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1013, § 1, effective July 1. L. 94: Entire section amended, p. 1191, § 88, effective July 1. Editor's note: This section is similar to former § 31-2-102 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1014, § 1, effective July 1. L. 2000: Entire section amended, p. 791, § 4, effective August 2. Editor's note: This section is similar to former § 31-1-103 (2) as it existed prior to 1975. Colorado Revised Statutes 2019 Page 15 of 587 Uncertified Printout 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. Source: 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. Editor's note: This section is similar to former § 31-2-104 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1014, § 1, effective July 1. Editor's note: This section is similar to former § 31-2-105 as it existed prior to 1975. 31-2-206. Charter commission. (1) The charter commission shall be comprised as follows: (a) In municipalities having a population of less than two thousand, nine members; and (b) In municipalities having a population of at least two thousand, nine members unless the initiating ordinance or petition establishes a higher odd-number of members not to exceed twenty-one members. (c) (Deleted by amendment, L. 94, p. 1191, § 89, effective July 1, 1994.) Colorado Revised Statutes 2019 Page 16 of 587 Uncertified Printout (2) If the petition or ordinance initiating home rule proceedings pursuant to section 31-2204 (1) or initiating proceedings for forming a new charter commission pursuant to section 31-2210 (2) specifies that the members of the charter commission shall be elected by and from single- or multi-member districts or by a combination of such districts and at-large representation, the governing body, prior to publishing the notice provided for in section 31-2204 (2) or 31-2-210 (4), shall divide the municipality into compact districts of approximately equal population. In such event the members of said charter commission shall be elected by and from districts, or partly by and from districts and partly at large, as specified in said petition or ordinance. (3) Eligibility to serve on the charter commission shall extend to all registered electors of the municipality. Any vacancy on the charter commission shall be filled by appointment of the governing body. (4) The charter commission shall meet at a time and date set by the governing body, which shall be not more than twenty days subsequent to the certification of the election, for the purpose of organizing itself. At such meeting, the commission members shall elect a chairman, a secretary, and such other officers as they deem necessary, all of which officers shall be members of the commission. The commission may adopt rules of procedure for its operations and proceedings. A majority of the commission members shall constitute a quorum for transacting business. Further meetings of the commission shall be held upon call of the chairman or a majority of the members. All meetings shall be open to the public. (5) The commission may employ a staff; consult and retain experts; and purchase, lease, or otherwise provide for such supplies, materials, and equipment as it deems necessary. Upon completion of its work, the commission shall be dissolved, and all property of the commission shall become the property of the municipality. (6) The governing body may accept funds, grants, gifts, and services for the commission from the state of Colorado, or the United States government, or any agencies or departments thereof, or from any other public or private source. (7) Reasonable expenses of the charter commission shall be paid out of the general funds of the municipality, upon written verification made by the commission chairman and secretary, and the governing body shall adopt such supplemental appropriation ordinances as may be necessary to support such expenditures. Members of the commission shall receive no compensation but may be reimbursed for actual and necessary expenses incurred in the performance of their duties. (8) The charter commission may conduct interviews and make investigations in the preparation of a charter, and, to the fullest extent practicable, municipal officials and employees shall cooperate with the commission by providing information, advice, and assistance. (9) The charter commission shall hold at least one public hearing in preparation of a proposed charter. (10) Within one hundred eighty days after its election, the charter commission shall submit to the governing body a proposed charter. Source: L. 75: Entire title R&RE, p. 1014, § 1, effective July 1. L. 81: (1)(b) amended and (1)(c) added, p. 1491, § 7, effective June 5. L. 94: (1) amended, p. 1191, § 89, effective July 1. L. 2009: (2) amended, (SB 09-292), ch. 369, p. 1977, § 106, effective August 5. L. 2011: (4) and (10) amended, (HB 11-1122), ch. 63, p. 164, § 1, effective September 1. Colorado Revised Statutes 2019 Page 17 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-2-106 as it existed prior to 1975. 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. Source: 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. Editor's note: This section is similar to former § 31-2-107 as it existed prior to 1975. Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. 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. Source: L. 75: Entire title R&RE, p. 1016, § 1, effective July 1. Editor's note: This section is similar to former § 31-2-108 as it existed prior to 1975. 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. Colorado Revised Statutes 2019 Page 18 of 587 Uncertified Printout (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. Source: 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. Editor's note: This section is similar to former § 31-2-109 as it existed prior to 1975. 31-2-210. Procedure to amend or repeal charter. (1) Proceedings to amend a home rule charter may be initiated by either of the following methods: (a) Filing of a petition meeting the following requirements, in the following manner: (I) The petition process shall be commenced by filing with the clerk a statement of intent to circulate a petition, signed by at least five registered electors of the municipality. The petition shall be circulated for a period not to exceed ninety days from the date of filing of the statement of intent and shall be filed with the clerk before the close of business on the ninetieth day from said date of filing or on the next business day when said ninetieth day is a Saturday, Sunday, or legal holiday. Colorado Revised Statutes 2019 Page 19 of 587 Uncertified Printout (II) The petition shall contain the text of the proposed amendment and shall state whether the proposed amendment is sought to be submitted at the next regular election or at a special election. If the amendment is sought to be submitted at a special election, the petition shall state an approximate date for such special election, subject to the provisions of subparagraph (IV) of this paragraph (a) and subsection (4) of this section. (III) A petition to submit an amendment at the next regular election must be signed by at least five percent of the registered electors of the municipality registered on the date of filing the statement of intent and must be filed with the clerk at least ninety days prior to the date of said regular election. (IV) A petition to submit an amendment at a special election must be signed by at least ten percent of the registered electors of the municipality registered on the date of filing the statement of intent and must be filed with the clerk at least ninety days prior to the approximate date of the special election stated in the petition. (b) An ordinance adopted by the governing body submitting the proposed amendment to a vote of the registered electors of the municipality. Such ordinance shall also adopt a ballot title for the proposed amendment. (2) Proceedings to repeal a home rule charter or to form a new charter commission may be initiated by either of the following methods: (a) Filing of a petition in the manner prescribed by, and meeting the requirements of, paragraph (a) of subsection (1) of this section; except that: (I) The petition shall state the proposal to repeal the charter or to form a new charter commission; (II) The petition must be signed by at least fifteen percent of the registered electors of the municipality, regardless of whether the petition seeks submission of the proposal at a regular or special election; and (III) If the proposal is for formation of a charter commission, the petition must be filed with the clerk at least ninety days prior to the date of the regular election or the approximate date stated in the petition for a special election, as the case may be. (b) An ordinance adopted by a two-thirds vote of the governing body submitting the proposed repeal or formation of a charter commission to a vote of the registered electors of the municipality. (3) The clerk shall, within fifteen working days after the filing of a petition pursuant to paragraph (a) of subsection (1) of this section or paragraph (a) of subsection (2) of this section, certify to the governing body as to the validity and sufficiency of such petition. If the petition is sufficient, the governing body shall set a ballot title for the proposed amendment at its next meeting. If the petition is declared insufficient, such petition may be withdrawn by a majority of the persons representing the registered electors who signed such petition, may be amended or signed by additional registered electors of the municipality in accordance with paragraph (a) of subsection (1) of this section and paragraph (a) of subsection (2) of this section within fifteen days after such insufficiency is declared, and may be refiled as an original petition. (3.5) If the subject matter of the petition is proposed for submission at a regular or special election that will be coordinated by the county clerk pursuant to section 1-7-116, C.R.S., and the municipal clerk has certified to the governing body that the petition is valid and sufficient, the clerk shall certify the proposed ballot question to the county clerk and recorder sixty days prior to the coordinated election as provided in section 1-5-203 (3), C.R.S., unless the Colorado Revised Statutes 2019 Page 20 of 587 Uncertified Printout petition has by the sixtieth day been determined to be insufficient pursuant to section 31-2-223. Should the petition be found to be insufficient pursuant to section 31-2-223 following certification to the county clerk and recorder, the election on such question shall be deemed cancelled, and any votes cast on the question shall not be counted. (4) The governing body shall, within thirty days of the date of adoption of the ordinance or the date of filing of the petition (if the same is certified by the clerk to be valid and sufficient), publish notice of an election upon the amendment or proposal, which notice shall contain the full text of the amendment or statement of the proposal as contained in the ordinance or petition. The election shall be held not less than sixty nor more than one hundred twenty days after publication of such notice; except that, if the proposal is for formation of a charter commission, the election shall be held not less than sixty days after publication of such notice. If the amendment or proposal is initiated by petition and is sought to be submitted at a special election, the election shall be held as near as possible to the approximate date stated in the petition, but in any event shall be held within the time limits stated in this subsection (4). (5) The procedure for the forming and functioning of a new charter commission shall comply as nearly as practicable with sections 31-2-204 to 31-2-207, relating to formation and functioning of an initial charter commission. (6) If a majority of the registered electors voting thereon vote for a proposed amendment, the amendment shall be deemed approved. If a majority of the registered electors voting thereon vote for repeal of the charter, the charter shall be deemed repealed and the municipality shall proceed to organize and operate pursuant to the statutes applicable to a municipality of its size. Source: L. 75: Entire title R&RE, p. 1017, § 1, effective July 1. L. 79: Entire section R&RE, p. 1170, § 2, effective July 1. L. 85: (1)(a)(I), (1)(a)(II), (1)(a)(IV), and (2)(a)(II) amended, p. 1346, § 15, effective July 1. L. 96: (1)(a)(III) and (1)(a)(IV) amended and (3.5) added, p. 1767, § 61, effective July 1. L. 2000: (1)(b) and (3) amended, p. 791, § 6, effective August 2. L. 2007: (3.5) amended, p. 2046, § 84, effective June 1. L. 2015: (4) amended, (HB 15-1130), ch. 230, p. 855, § 5, effective August 5. Editor's note: This section is similar to former § 31-2-110 as it existed prior to 1975. Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. 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. Source: L. 75: Entire title R&RE, p. 1017, § 1, effective July 1. Colorado Revised Statutes 2019 Page 21 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-2-111 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 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. Source: L. 75: Entire title R&RE, p. 1018, § 1, effective July 1. Editor's note: This section is similar to former § 31-2-112 as it existed prior to 1975. 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. Source: 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. Editor's note: This section is similar to former § 31-2-113 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1018, § 1, effective July 1. Editor's note: This section is similar to former § 31-2-114 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1018, § 1, effective July 1. L. 84: Entire section amended, p. 832, § 4, effective April 25. Editor's note: This section is similar to former § 31-2-115 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 22 of 587 Uncertified Printout 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. Source: L. 75: Entire title R&RE, p. 1018, § 1, effective July 1. L. 81: Entire section amended, p. 1491, § 8, effective June 5. Editor's note: This section is similar to former § 31-2-116 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1018, § 1, effective July 1. Editor's note: This section is similar to former § 31-2-117 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1018, § 1, effective July 1. Editor's note: This section is similar to former § 31-2-118 as it existed prior to 1975. 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. Source: L. 84: Entire section added, p. 832, § 5, effective April 25. 31-2-220. Warning on petition - signatures - affidavits - circulators. (1) At the top of each page of a petition to initiate the adoption, amendment, or repeal of a municipal home rule charter, including the formation of a new charter commission, must be printed, in plain red letters no smaller than the impression of ten-point, bold-faced type, the following: Colorado Revised Statutes 2019 Page 23 of 587 Uncertified Printout WARNING: IT IS AGAINST THE LAW: For anyone to sign any petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to sign such petition when not a registered elector. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR: Do not sign this petition unless you have read or had read to you the text of the proposal in its entirety and understand its meaning. (2) Any such petition shall be signed only by registered electors by their own signatures to which shall be attached the residence addresses of such persons, including street and number, if any, city or town, and the date of signing the same. To each such petition shall be attached an affidavit of the person who circulated the petition stating the affiant's address, that the affiant is eighteen years of age or older, that the affiant circulated the said petition, that each signature thereon was affixed in the affiant's presence, that each signature thereon is the signature of the person whose name it purports to be, that to the best of the knowledge and belief of the affiant each of the persons signing said petition was at the time of signing a registered elector, and that the affiant has not paid or will not in the future pay and that the affiant believes that no other person has so paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix the signer's signature to such petition. No petition shall be accepted for filing that does not have attached thereto the affidavit required by this section. (3) (Deleted by amendment, L. 2000, p. 792, § 7, effective August 2, 2000.) (4) The clerk shall inspect timely filed petitions and attached affidavits to ensure compliance with subsection (2) of this section. Such inspection may consist of an examination of the information on the signature lines for patent defects, a comparison of the information on the signature lines with a list of registered electors provided by the county, or any other method of inspection reasonably expected to ensure compliance with subsection (2) of this section. Source: L. 84: Entire section added, p. 832, § 5, effective April 25. L. 85: (1) and (2) amended, p. 1347, § 17, effective April 30. L. 92: (1) amended, p. 2177, § 38, effective June 2. L. 94: (1) amended, p. 1772, § 37, effective January 1, 1995. L. 96: (2) amended, p. 1768, § 62, effective July 1. L. 2000: (2) and (3) amended and (4) added, p. 792, § 7, effective August 2. L. 2013: (1) amended, (HB 13-1303), ch. 185, p. 750, § 132, effective May 10. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 59, § 12, effective February 18. Cross references: (1) In 2013, subsection (1) was amended by the "Voter Access and Modernized Elections Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 185, Session Laws of Colorado 2013. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. Colorado Revised Statutes 2019 Page 24 of 587 Uncertified Printout 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. Source: L. 84: Entire section added, p. 833, § 5, effective April 25. 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 Source: L. 84: Entire section added, p. 834, § 5, effective April 25. 31-2-223. Affidavit - evidence - protest procedure. (1) All petitions to initiate the adoption, amendment, or repeal of a home rule charter, including the formation of a new charter commission, shall have attached thereto an affidavit of the circulator of the petition stating that each signature on the petition is the signature of the person whose name it purports to be and that to the best of the knowledge and belief of the affiant each of the persons signing such petition was at the time of signing a registered elector. A protest in writing, under oath, may be filed in the office in which such petition has been filed by some registered elector of the municipality or Colorado Revised Statutes 2019 Page 25 of 587 Uncertified Printout territory proposed to be incorporated within thirty days after such petition is filed, setting forth with particularity the grounds of such protest and the names protested. In such event the officer with whom such petition is filed shall mail a copy of the protest to the persons named in such petition as representing the signers thereof at the addresses therein given, together with a notice fixing a time for hearing the protest not less than five nor more than twenty days after such notice is mailed. If, at such hearing, such protest is denied in whole or in part, the person filing the same, within ten days after such denial, may file an amended protest, a copy of which shall be mailed to the persons named in the petition and on which a hearing shall be held as in the case of the original protest; but no person shall be entitled to amend an amended protest. (2) All records and hearings shall be public, and all testimony shall be under oath. The officer with whom such petition is filed shall have the power to issue subpoenas to compel the attendance of witnesses and the production of documents. Upon failure of any witness to obey the subpoena, the officer may petition the district court, and, upon proper showing, the court may enter an order compelling the witness to appear and testify or produce documentary evidence. Failure to obey the order of court shall be punishable as a contempt of court. Hearings shall be had as soon as is conveniently possible and must be concluded within thirty days after the commencement thereof, and the result of such hearings shall be certified to the persons representing the signers of such petition. In case the petition is declared insufficient in form or number of signatures of registered electors, it may be withdrawn by a majority in number of the persons representing the signers of such petition and, within fifteen days after the insufficiency is declared, may be amended or additional names signed thereto as in the first instance and refiled as an original petition. The finding as to the sufficiency of any petition may be reviewed by the district court of the county in which such petition is filed, but any such review shall be timely made, and, upon application, the decision of such court thereon shall be reviewed by the supreme court. Source: L. 84: Entire section added, p. 834, § 5, effective April 25. L. 85: Entire section amended, p. 1348, § 18, effective April 30. L. 2000: (1) amended, p. 792, § 8, effective August 2. 31-2-224. Receiving money to circulate petition - penalty. (Repealed) Source: L. 84: Entire section added, p. 835, § 5, effective April 25. L. 89: Entire section repealed, p. 861, § 156, effective July 1. 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; Colorado Revised Statutes 2019 Page 26 of 587 Uncertified Printout (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. Source: 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. Cross references: For the legislative declaration contained in the 2002 act amending subsection (2), see section 1 of chapter 318, Session Laws of Colorado 2002. PART 3 REORGANIZATION OF CITIES AND TOWNS FORMED UNDER PRIOR LAW Cross references: For notices required in municipal dissolution and new incorporation, see § 24-32-109. 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. Source: L. 75: Entire title R&RE, p. 1019, § 1, effective July 1. Editor's note: This section is similar to former § 31-4-101 as it existed prior to 1975. 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 Colorado Revised Statutes 2019 Page 27 of 587 Uncertified Printout 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. Source: L. 75: Entire title R&RE, p. 1019, § 1, effective July 1. L. 87: Entire section amended, p. 326, § 76, effective July 1. Editor's note: This section is similar to former § 31-4-102 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 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. Source: L. 75: Entire title R&RE, p. 1019, § 1, effective July 1. Editor's note: This section is similar to former § 31-4-103 as it existed prior to 1975. 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". Source: L. 75: Entire title R&RE, p. 1019, § 1, effective July 1. Editor's note: This section is similar to former § 31-4-104 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1019, § 1, effective July 1. Editor's note: This section is similar to former § 31-4-105 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 28 of 587 Uncertified Printout Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 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. Source: L. 75: Entire title R&RE, p. 1019, § 1, effective July 1. Editor's note: This section is similar to former § 31-4-103 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1019, § 1, effective July 1. Editor's note: This section is similar to former § 31-4-106 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1019, § 1, effective July 1. Editor's note: This section is similar to former § 31-4-108 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1020, § 1, effective July 1. Colorado Revised Statutes 2019 Page 29 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-4-110 as it existed prior to 1975. PART 4 CHANGE OF NAME 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. Source: L. 75: Entire title R&RE, p. 1020, § 1, effective July 1. L. 87: Entire section amended, p. 326, § 77, effective July 1. Editor's note: This section is similar to former § 31-1-301 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1020, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-302 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1020, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-303 as it existed prior to 1975. 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 Colorado Revised Statutes 2019 Page 30 of 587 Uncertified Printout 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. Source: L. 75: Entire title R&RE, p. 1020, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-304 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1021, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-305 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1021, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-306 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1021, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-307 as it existed prior to 1975. ARTICLE 3 Discontinuance of Incorporation Colorado Revised Statutes 2019 Page 31 of 587 Uncertified Printout PART 1 DISCONTINUANCE - CITIES AND TOWNS 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. Source: L. 75: Entire title R&RE, p. 1021, § 1, effective July 1. L. 87: Entire section amended, p. 326, § 78, effective July 1. Editor's note: This section is similar to former § 31-9-101 as it existed prior to 1975. 31-3-102. Form of ballots. The form of ballots shall be "For the incorporation" and "Against the incorporation". Source: L. 75: Entire title R&RE, p. 1021, § 1, effective July 1. Editor's note: This section is similar to former § 31-9-102 as it existed prior to 1975. 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". Source: L. 75: Entire title R&RE, p. 1021, § 1, effective July 1. Editor's note: This section is similar to former § 31-9-104 as it existed prior to 1975. Cross references: For municipal elections, see article 10 of this title. 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 Colorado Revised Statutes 2019 Page 32 of 587 Uncertified Printout 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. Source: L. 75: Entire title R&RE, p. 1021, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-9-103 and 31-9-107 as they existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1022, § 1, effective July 1. Editor's note: This section is similar to former § 31-9-105 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1022, § 1, effective July 1. Editor's note: This section is similar to former § 31-9-106 as it existed prior to 1975. PART 2 ABANDONMENT - TOWNS 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. Colorado Revised Statutes 2019 Page 33 of 587 Uncertified Printout (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. Source: L. 75: Entire title R&RE, p. 1022, § 1, effective July 1. Editor's note: This section is similar to former § 31-9-201 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1023, § 1, effective July 1. Editor's note: This section is similar to former § 31-9-202 as it existed prior to 1975. ARTICLE 4 Organizational Structure and Officers Colorado Revised Statutes 2019 Page 34 of 587 Uncertified Printout Cross references: For prohibited appointments by outgoing officers, see § 24-50-402; for standards of conduct for municipal officials, see article 18 of title 24. PART 1 ORGANIZATIONAL STRUCTURE AND OFFICERS OF STATUTORY CITIES 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. Source: L. 75: Entire title R&RE, p. 1023, § 1, effective July 1. L. 81: (1) amended, p. 1493, § 2, effective May 28. Editor's note: This section is similar to former §§ 31-5-101 and 31-5-106 as they existed prior to 1975. 31-4-102. Mayor - qualifications and duties. (1) The mayor shall be elected at the regular election in the city. He or she shall be a registered elector who has resided within the limits of the city for a period of at least twelve consecutive months immediately preceding the date of the election; except that, in the case of annexation, any person who has resided within the annexed territory for the time prescribed in this subsection (1) shall be deemed to have met the residence requirements for the city to which the territory was annexed. The mayor shall hold the office for the term for which he or she has been elected or qualified. The mayor shall keep an office at some convenient place in the city, to be provided by the city council, and shall sign all documents which by statute or ordinance may require his or her signature. (2) The mayor of the city shall be its chief executive officer and conservator of the peace, and it is his special duty to cause the ordinances and the regulations of the city to be Colorado Revised Statutes 2019 Page 35 of 587 Uncertified Printout faithfully and constantly obeyed. He shall supervise the conduct of all the officers of the city, examine the grounds of all reasonable complaints made against any of them, and cause any violations or neglect of duty to be promptly corrected or reported to the proper tribunal for punishment and correction. The mayor has and shall exercise, within the city limits, the powers conferred upon the sheriffs of counties to suppress disorders and keep the peace. He shall also perform such other duties compatible with the nature of his office as the city council may from time to time require. (3) The mayor shall be the presiding officer of the city council and shall have the same voting powers as any member of said council. The mayor shall be considered a member of the governing body and the city council. However, a city may provide by ordinance that the mayor shall not be entitled to vote on any matter before the council, except in the case of a tie vote. If such an ordinance is adopted, it shall also provide that any ordinance adopted and all resolutions authorizing the expenditure of money or the entering into of a contract shall be subject to disapproval by the mayor as provided in section 31-16-104. Such an ordinance may provide or may be amended to provide that the mayor shall not be counted for purposes of determining a quorum or the requisite majority on any matter to be voted on by the council. Any such ordinance may be adopted, amended, or repealed only within the sixty days preceding the election of any mayor, to take effect upon such mayor's assumption of office. Source: L. 75: Entire title R&RE, p. 1024, § 1, effective July 1. L. 81: (3) amended, p. 1493, § 3, effective May 28. L. 83: (1) amended, p. 1253, § 1, effective July 1. L. 89: (3) amended, p. 1287, § 3, effective April 6. L. 2008: (1) amended, p. 1252, § 3, effective August 5. Editor's note: This section is similar to former §§ 31-5-102 and 31-5-103 as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. 31-4-103. Mayor - vacancy - appointment - mayor pro tem. (1) In case of the mayor's death, disability, resignation, or other vacation of his office, the city council may 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 some registered elector to act as mayor until such special election. Such special election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". If the city council does not call a special election, it shall fill the vacancy by appointment until the term of office of a successor elected at the next regular election has commenced, as provided in section 31-4-105. (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. Source: 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. Colorado Revised Statutes 2019 Page 36 of 587 Uncertified Printout Editor's note: This section is similar to former §§ 31-5-103 and 31-5-106 as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 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. Source: L. 75: Entire title R&RE, p. 1025, § 1, effective July 1. Editor's note: This section is similar to former § 31-5-104 as it existed prior to 1975. 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. Source: L. 75: Entire title R&RE, p. 1025, § 1, effective July 1. L. 94: Entire section amended, p. 1191, § 90, effective July 1. Editor's note: This section is similar to former § 31-3-101 (1) as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 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 Colorado Revised Statutes 2019 Page 37 of 587 Uncertified Printout 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. Source: 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. Editor's note: This section is similar to former § 31-3-104 as it existed prior to 1975. 31-4-107. Appointment of officers - terms. (1) The members of the city council elected for each city at the meeting at which their terms commence, as provided in section 31-4105, shall organize the city council. A majority of the total number of members is necessary to constitute a quorum for the transaction of business. They shall be judges of the election returns and qualification of their own members, and they shall determine the rules of their own proceedings. The city clerk shall keep a record of the proceedings, in such form as determined by the city council, which shall be open to the inspection and examination of any citizen. The councilmen may compel the attendance of absent members in such manner and under such penalties as they think fit to prescribe and shall elect from their own body a temporary president. (2) (a) Upon taking office, or at such other time as may be provided by ordinance or resolution, the city council shall appoint a city attorney and shall appoint or provide for the appointment of such other officers as may be required by statute or ordinance and may appoint such other officers, including a city administrator, as may be necessary or desirable. One or more municipal judges shall be appointed in accordance with section 13-10-105 (1), C.R.S. (b) One person may hold two or more appointive offices if provided by ordinance and if compatible with the interest of the city government as determined by the council. All officers of the city are subject to the control and direction of the mayor and may be removed by a vote of a majority of all members elected to the city council if appointed to serve at the pleasure of the city council or by such a vote on charges of incompetence, unfitness, neglect of duty, or insubordination, duly made and sustained, if appointed to serve for a term prescribed by ordinance; except that a municipal judge may be removed during his term of office only for cause, as set forth in section 13-10-105 (2), C.R.S. The council may provide by ordinance for the removal or suspension of any officer or employee, except the mayor, councilmen, clerk, treasurer, city administrator, city attorney, and municipal judge, by administrative proceeding presided over by a city officer or employee. (3) The city council may provide by ordinance for four-year overlapping terms of office for council members. The ordinance may also provide for four-year terms for the mayor and other elective officers. The city council may reinstate the two-year terms provided in this section by ordinance. Any ordinance passed pursuant to this subsection (3) shall be enacted at least one hundred eighty days before the next regular election and shall be subject, notwithstanding an emergency declaration, to referendum if the referendum is brought pursuant to section 31-11-105 or pursuant to an applicable municipal ordinance enacted in accordance with section 1 of article V of the state constitution. No ordinance enacted pursuant to this subsection (3) shall extend or reduce the term for which any person was elected. If any vacancy occurs in an office for which a Colorado Revised Statutes 2019 Page 38 of 587 Uncertified Printout four-year term is in effect pursuant to this subsection (3), such vacancy shall be filled as provided in sections 31-4-106 and 31-4-108 (2)(b). If the office in which the vacancy occurs is not an office for which a successor would otherwise have been elected at the next regular election, the term of office of the successor elected at that regular election shall be shortened so that the following regular election for said office is held at the time at which it would have been held if no vacancy had occurred. (4) (a) The city council may submit, by ordinance or resolution, for the approval of the registered electors at a regular or special election a proposal that the position of city clerk or city treasurer, or both such positions, be made appointive rather than elective, the appointments to be made by the city council. Such measure shall be made to take effect in such manner as to avoid shortening or extending the terms of any persons elected to such offices. If approved, appointments to either of such offices shall be in the manner provided for other appointive offices. (b) The city council may also, by ordinance or resolution, submit for the approval of the registered electors a proposal for returning the office of clerk or treasurer, or both, from appointive to elective status. No such proposal, if approved, shall extend or reduce the term for which any person holds office. Source: L. 75: Entire title R&RE, p. 1025, § 1, effective July 1. L. 77: (2)(b) amended, p. 794, § 5, effective May 28. L. 79: (3) amended, p. 1173, § 5, effective July 1. L. 81: (2)(b) amended, p. 1494, § 5, effective May 28. L. 83: (3) amended, p. 1254, § 3, effective July 1. L. 93: (3) amended, p. 698, § 5, effective May 4. L. 94: (1) and (2)(a) amended, p. 1192, § 91, effective July 1. L. 95: (3) amended, p. 440, § 26, effective May 8. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located at the back of the index. 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) In case any office of an elective officer becomes vacant before the regular expiration of the term thereof, the vacancy may be filled by the city council by appointment or by election until the term of office of a successor elected at the next regular election has commenced as provided in section 31-4-105. If the city council does not fill the vacancy by appointment or order an election within sixty days after the vacancy occurs, it shall order an election, subject to the municipal election code, 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. Source: 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. Colorado Revised Statutes 2019 Page 39 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-5-108 as it existed prior to 1975. 31-4-109. Compensation and fees of officers. The mayor shall receive such compensation for his services as the city council, prior to his election, may fix as provided in this section. The city council, at least as early as the last monthly meeting before such regular municipal election, shall fix by ordinance the compensation and fees of members of the city council, including the compensation of the mayor and councilmen, for the period for which they will be elected or appointed if any change in said compensation is desirable. The city council shall neither increase nor diminish the compensation of any councilman or mayor during his term of office. Each person appointed to fill a vacancy in the office of mayor or councilman shall receive the same compensation as was established for the office when the vacancy occurred. All other officers of the city, together with all other employees of the city, shall receive such compensation as the city council may fix from time to time by ordinance or as may be established in a pay plan adopted by ordinance. The city council may from time to time contract for professional services and for such services pay such fees and charges as may be agreed upon. Source: L. 75: Entire title R&RE, p. 1026, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-102 as it existed prior to 1975. 31-4-110. City clerk - duties - city seal. (1) The city clerk shall have the custody of all the laws and ordinances of the city council, shall keep a regular record of the proceedings of the city council, in such form as determined by the council, and shall perform such other duties as may be required by statute or by the ordinances of the city. The clerk shall continue in office until a successor is appointed or elected and has complied with section 31-4-401. (2) Each city council shall provide for the clerk's office a seal, which shall be the seal of the city, in the center of which shall be the word "Seal" and such other device as may be directed by ordinance and around the margin the name of the city and the state. Said seal shall be affixed to all transcripts, orders, or certificates which may be necessary or proper to authenticate under law or any ordinance of the city. For all attested certificates and transcripts other than those ordered by the city council, the same fees shall be paid to the clerk as are allowed to county officers for similar services. Source: L. 75: Entire title R&RE, p. 1027, § 1, effective July 1. L. 83: (1) amended, p. 1255, § 5, effective July 1. Editor's note: This section is similar to former §§ 31-5-105 and 31-5-107 as they existed prior to 1975. For a detailed comparison, see the comparative tables in the back of the index. 31-4-111. City treasurer - powers and duties. The city treasurer has such powers and shall perform such duties as are prescribed by the statutes of this state and by the ordinances of the city council not inconsistent therewith. Source: L. 75: Entire title R&RE, p. 1027, § 1, effective July 1. Colorado Revised Statutes 2019 Page 40 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-3-103 as it existed prior to 1975. 31-4-112. Marshal or chief of police - duties. The marshal or chief of police shall execute and return, by himself or herself or by any member of the police force, all writs and processes directed to him or her by the municipal judge in any case arising under a city ordinance. In criminal cases, quasi-criminal cases, or cases in violation of city ordinances, he or she may serve the same in any part of the county in which such city is situate. The marshal, chief of police, or any member of the police force shall suppress all riots, disturbances, and breaches of the peace, shall apprehend all disorderly persons in the city, and shall pursue and arrest any person fleeing from justice in any part of the state. He or she shall apprehend any person in the act of committing any offense against the laws of the state or ordinances of the city and, forthwith and without any warrant, bring such person before a municipal judge, county judge, or other competent authority for examination and trial pursuant to law. He or she has, in the discharge of his or her proper duties, powers and responsibilities similar to those that sheriffs have in like cases. The marshal or chief of police may employ certified peace officers to enforce all laws of the state of Colorado notwithstanding section 16-2.5-201. Source: L. 75: Entire title R&RE, p. 1027, § 1, effective July 1. L. 2017: Entire section amended, SB 17-066, ch. 105, p. 385, § 1, effective April 4. Editor's note: (1) This section is similar to former § 31-3-105 as it existed prior to 1975. (2) Section 4 of chapter 105 (SB 17-066), Session Laws of Colorado 2017, provides that the act changing this section applies before, on, and after April 4, 2017. 31-4-112.1. Chief of police - permits for concealed weapons. (Repealed) Source: L. 81: Entire section added, p. 1437, § 2, effective June 8. L. 2003: Entire section repealed, p. 650, § 9, effective May 17. 31-4-113. Terms of officers end upon adoption of charter. If any city adopts a charter pursuant to the provisions of article XX of the state constitution, the term of office of every officer of such city who has been elected or appointed pursuant to the general laws of this state or under the ordinances of such city shall terminate immediately upon the election and qualification of the elective officers provided for by such charter. Source: L. 75: Entire title R&RE, p. 1027, § 1, effective July 1. Editor's note: This section is similar to former § 31-5-109 as it existed prior to 1975. PART 2 ORGANIZATIONAL STRUCTURE CITIES - CITY MANAGER FORM Colorado Revised Statutes 2019 Page 41 of 587 Uncertified Printout 31-4-201. Authority to reorganize - rights and powers. Any city may reorganize into a city council-city manager form of municipal government in accordance with the provisions of this part 2. However, no such city shall have conferred upon it by such reorganization any rights and powers except those rights and powers conferred upon cities by the general laws of this state. Source: L. 75: Entire title R&RE, p. 1028, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-201 as it existed prior to 1975. 31-4-202. Petition - election. (1) When a petition, signed by five percent of the registered electors of the municipality, requesting an election on the question of adopting the city council-city manager form of government is presented to the city council, the city council shall adopt an ordinance calling for an election upon such question to be held within four calendar months from the date of the presentation of such petition. The petition shall state whether the mayor under such form of government shall be elected by and from among the members of the city council or from the city at large by a plurality of the votes cast for that office at the regular election. The question of adopting such form of government shall be submitted to the registered electors of the city at a special or regular election to be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". (2) The mayor or, in case of the disability of the mayor, the mayor pro tem, immediately following the effective date of such ordinance, shall cause notice to be given of such election, which notice shall be given in the manner prescribed by the "Colorado Municipal Election Code of 1965". (3) (a) If the petition requests that the mayor be elected by and from among the members of the city council, the question to be submitted at such election shall be: "Shall the City of (name of city) reorganize by adopting the City Council-City Manager form of government as provided in part 2 of article 4 of title 31, Colorado Revised Statutes, with the mayor to be elected by and from among the members of the city council?". The form of ballot or voting machine tabs shall be: "For City Council-City Manager Form - Mayor elected by Council" and "Against City Council-City Manager Form - Mayor elected by Council". (b) If the petition requests that the mayor be elected from the city at large by a plurality of the votes cast for that office at the regular election, the question to be submitted at such election shall be: "Shall the city of (name of city) reorganize by adopting the City CouncilCity Manager form of government, as provided in part 2 of article 4 of title 31, Colorado Revised Statutes, with the mayor to be elected by a plurality of the votes cast for that office at the regular election?". The form of ballot or voting machine tabs shall be: "For City Council-City Manager Form - Mayor elected by Popular Vote" and "Against City Council-City Manager Form - Mayor elected by Popular Vote". (4) The registered electors of any city which has previously reorganized into the city council-city manager form of government under this part 2 may, at any time, petition in the manner set forth in subsection (1) of this section for an election on: (a) Returning to the original mayor-council form of government; Colorado Revised Statutes 2019 Page 42 of 587 Uncertified Printout (b) Retaining the city council-city manager form of government but with the mayor to be elected by a plurality of the votes cast for that office at the regular election rather than elected by and from among the members of the city council; or (c) Retaining the city council-city manager form of government but with the mayor to be elected by and from among the members of the city council. Source: L. 75: Entire title R&RE, p. 1028, § 1, effective July 1. L. 87: (1) amended, p. 327, § 79, effective July 1. L. 89: (1) and (3) amended and (4) added, p. 1288, § 4, effective April 6. Editor's note: This section is similar to former § 31-3-202 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 31-4-203. Majority vote carries - when effective. (1) If a majority of the votes cast are for the proposition, it shall be carried. The form of government existing in such city at the time of such election shall continue unchanged until the next regular election. Except as provided in subsection (2) of this section, the next regular election shall be held for the purpose of electing the officers required by that form of government. Upon the taking of office and compliance with section 31-4-401 by the new officers, the terms of office of existing officers shall terminate, the prior form of government shall cease, and the new form of government shall commence. (2) If the proposition carried is to return to the original mayor-council form of government, the offices of mayor and other elected offices other than city council members shall be filled at a special election to be held according to the provisions of section 31-4-103; except that such offices shall be filled at the next regular election if such regular election is held less than four months following the adoption of the proposition. Upon the taking of office and compliance with section 31-4-401 by the mayor and other elected officers, the terms of office of existing officers shall terminate, the prior form of government shall cease, and the new form of government shall commence. Source: L. 75: Entire title R&RE, p. 1028, § 1, effective July 1. L. 89: Entire section amended, p. 1289, § 5, effective April 6. L. 93: Entire section amended, p. 1438, § 138, effective July 1. Editor's note: This section is similar to former § 31-3-203 as it existed prior to 1975. 31-4-204. Prior laws applicable - rights and liabilities continue. (1) All laws of the state applicable to the city before the adoption of the city council-city manager form of government and not inconsistent with the provisions of this part 2 shall apply to and govern such reorganized city. (2) Any bylaw, ordinance, or resolution lawfully passed and in force in such city at the time of its reorganization shall remain in force and continue to be in effect until duly amended or repealed. Colorado Revised Statutes 2019 Page 43 of 587 Uncertified Printout (3) The territorial limits of such city shall remain the same as under its former organization. (4) All rights of whatever description which were vested in such city under its former organization shall be vested in the city after reorganization. (5) No valid and legally subsisting right or liability either in favor of or against the city and no judicial proceedings, civil or criminal, shall be affected by such change of government unless otherwise provided in this part 2. (6) No change in the form of government as provided in this part 2, either by adopting or abandoning the form of government as provided in this part 2, shall release or affect any debts, bonds, warrants, or other obligations, however evidenced, which shall continue as valid obligations of the city under the succeeding form of government. Source: L. 75: Entire title R&RE, p. 1028, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-3-204 and 31-3-222 as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. 31-4-205. Council members - vacancies. (1) The legislative and corporate authority of cities organized under this part 2 shall be vested in the city council members nominated and elected, two from each ward and one from the city at large, for a term of two years. Members of the city council shall be registered electors of the city who have resided in their respective wards for a period of at least twelve consecutive months immediately preceding the election; 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 subsection (1) shall be deemed to have met the residence requirements for the ward to which the territory was added. (2) Within sixty days after a vacancy occurs in the city council, the council shall: (a) 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 (b) Order an election, subject to the municipal election code, 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) The city council may provide by ordinance for four-year overlapping terms of office for its members. The city council may reinstate the two-year terms provided in this section by ordinance. Any ordinance passed pursuant to this subsection (3) shall be enacted at least one hundred eighty days before the next regular election and shall be subject, notwithstanding any emergency declaration, to referendum if such is brought pursuant to section 31-11-105 or pursuant to an applicable municipal ordinance enacted in accordance with section 1 of article V of the state constitution. No ordinance enacted pursuant to this subsection (3) shall extend or reduce the term for which any person was elected. Where four-year terms have been provided for council members pursuant to section 31-4-107 (3), council members shall continue to serve fouryear terms unless two-year terms are reinstated pursuant to this subsection (3). If any vacancy occurs in the office of council member for which a four-year term is in effect pursuant to this Colorado Revised Statutes 2019 Page 44 of 587 Uncertified Printout subsection (3), the vacancy shall be filled as provided in subsection (2) of this section. If the office in which the vacancy occurs is not an office for which a successor would otherwise have been elected at the next regular election, the term of office of the successor elected at that regular election shall be shortened so that the following regular election for the office is held at the time at which it would have been held if no vacancy had occurred. Source: L. 75: Entire title R&RE, p. 1029, § 1, effective July 1. L. 79: (2) and (3) amended, p. 1173, § 6, effective July 1. L. 83: (1) and (3) amended and (2) R&RE, pp. 1255, 1256, §§ 6, 7, effective July 1. L. 88: IP(2) amended, p. 1125, § 5, effective April 4. L. 93: (3) amended, p. 698, § 6, effective May 4. L. 95: (3) amended, p. 441, § 27, effective May 8. Editor's note: This section is similar to former § 31-3-205 as it existed prior to 1975. 31-4-206. Council members - nomination - election - compensation. (1) The nomination and election of candidates for the city council provided for by this part 2 shall be in accordance with the "Colorado Municipal Election Code of 1965". (2) The members of the city council shall receive such compensation as may be fixed by ordinance. Source: L. 75: Entire title R&RE, p. 1029, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-206 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 31-4-207. Mayor - selection. (1) Except as otherwise provided in subsection (3) of this section, if the mayor is to be elected by and from among the members of the city council, then at the meeting of the city council at which their terms commence, as provided in section 31-4-105, the city council shall choose, by a majority vote, for a term of two years, one of its members as chairperson, who shall have the title of mayor, and shall also choose, by a majority vote, for a term of two years, one of its members as vice-chairperson, who shall act as mayor pro tem. In case of a vacancy in the office of the mayor, the city council shall choose a successor for the unexpired term. (2) If the mayor is to be elected by popular vote, he or she shall be elected by a plurality of the votes cast for that office at the regular election in the city. The mayor shall be a registered elector who has resided within the limits of the city for a period of at least twelve consecutive months immediately preceding the date of the election; except that, in the case of annexation, any person who has resided within the annexed territory for the time prescribed in this subsection (2) shall be deemed to have met the residence requirements for the city to which the territory was annexed. The mayor shall assume his or her office at the next regularly scheduled meeting of the city council following his or her election or upon such earlier date as the council may specify. Except as otherwise provided in subsection (3) of this section, the mayor shall hold his or her office for a term of two years. At the same meeting of the city council, the city council shall choose, by a majority vote, one of its members to act as mayor pro tem in the temporary Colorado Revised Statutes 2019 Page 45 of 587 Uncertified Printout absence of the mayor. The city council may appoint one of its members acting mayor in the event both the mayor and the mayor pro tem are temporarily absent from the city or unable to perform the duties of the mayor. In case of a vacancy in the office of the mayor, the city council shall choose his successor for the unexpired term. (3) The city council may provide, by ordinance, four-year terms for the office of the mayor. The city council may reinstate two-year terms provided in this section by ordinance. Any ordinance passed pursuant to this subsection (3) shall be enacted at least one hundred eighty days before the next regular election and shall be subject, notwithstanding any emergency declaration, to referendum brought pursuant to section 31-11-105 or pursuant to an applicable ordinance enacted in accordance with section 1 of article V of the state constitution. No ordinance enacted pursuant to this subsection (3) shall extend or reduce the term for which any person was elected. If a vacancy occurs in the office of the mayor for which a four-year term is in effect pursuant to this subsection (3), the vacancy shall be filled as provided in subsections (1) and (2) of this section. Source: L. 75: Entire title R&RE, p. 1030, § 1, effective July 1. L. 83: Entire section amended, p. 1256, § 8, effective July 1. L. 89: Entire section amended, p. 1289, § 6, effective April 6. L. 91: (2) amended, p. 745, § 12, effective April 4. L. 94: (1) amended, p. 1192, § 92, effective July 1. L. 98: Entire section amended, p. 308, § 1, effective August 5. Editor's note: This section is similar to former § 31-3-207 as it existed prior to 1975. 31-4-207.5. Mayor - powers and duties. The mayor shall be the presiding officer of the city council and shall have the same voting powers as any member of said council. The mayor shall be considered a member of the governing body and the city council and shall be recognized as the head of the city government for all ceremonial purposes, by the courts for serving civil processes, and by the government for purposes of military law. In addition, the mayor shall exercise such other powers and perform such other duties as are conferred and imposed upon him by this part 2 or the ordinances of the city. Source: L. 89: Entire section added, p. 1290, § 7, effective April 6. 31-4-208. City attorney - municipal judge. The city council shall appoint a city attorney, who, upon taking office, shall be an attorney-at-law licensed to practice in the state of Colorado. The city council shall also appoint a municipal judge in accordance with section 1310-105 (1), C.R.S. The city attorney shall serve at the pleasure of the city council. A municipal judge may be removed during his term of office only for cause, as provided in section 13-10-105 (2), C.R.S. Source: L. 75: Entire title R&RE, p. 1030, § 1, effective July 1. L. 77: Entire section amended, p. 794, § 6, effective June 3. Editor's note: This section is similar to former § 31-3-208 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 46 of 587 Uncertified Printout 31-4-209. Rules - business - journal. The city council shall determine its own rules, procedure, and order of business and shall keep a journal of its proceedings. It may compel attendance of members and may punish members for misconduct. Source: L. 75: Entire title R&RE, p. 1030, § 1, effective July 1. L. 79: Entire section amended, p. 1174, § 7, effective July 1. Editor's note: This section is similar to former § 31-3-209 as it existed prior to 1975. 31-4-210. City manager - qualifications - removal. The city council shall appoint a city manager who shall be the chief administrative officer of the city. The city manager shall be chosen solely on the basis of his executive and administrative qualifications and need not, when appointed, be a resident of the city or of the state. No member of the city council shall be chosen as city manager during his term of office. The city manager shall be appointed for an indefinite term, but he may be removed at the pleasure of the city council for cause. Before the city manager may be removed, he shall be given, if he so demands, a written statement of the reasons alleged for his removal and he has the right to be heard thereon at a public meeting of the council prior to the final vote on the question of his removal. Pending and during such hearing, the city council may suspend him from office. The action of the city council in suspending or removing the city manager shall be final. It is the intent of this part 2 to vest all authority and to fix all responsibility for such suspension or removal in the city council. In case of the absence or disability of the city manager, the city council may designate some qualified person to perform the duties of the office during such absence or disability. Source: L. 75: Entire title R&RE, p. 1030, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-210 as it existed prior to 1975. 31-4-211. City manager - powers and responsibility. (1) The city manager is responsible to the city council for the proper administration of all affairs of the city placed in his charge and, to that end and except as otherwise provided in this part 2, he shall have the power to appoint and remove all officers and employees in the administrative service of the city except the city attorney and the municipal judge. Appointments made by the city manager shall be on the basis of executive and administrative ability, training, and experience of such appointees in the work which they are to perform. All such appointments shall be without definite term. (2) Officers and employees appointed by the city manager may be removed by him at any time for cause. The decision of the city manager in any such case shall be final. Source: L. 75: Entire title R&RE, p. 1030, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-211 as it existed prior to 1975. 31-4-212. Council not to interfere. Except as otherwise provided in this part 2, neither the city council nor any of its committees or members shall direct or request the appointment of any person to or his removal from office by the city manager or in any other manner take part in Colorado Revised Statutes 2019 Page 47 of 587 Uncertified Printout the appointment or removal of officers and employees in the administrative service of the city. The city council and its members shall deal with that portion of the administrative service for which the city manager is responsible solely through the city manager, and neither the city council nor any member thereof shall give orders to any subordinate of the city, either publicly or privately. Any violation of the provisions of this section by a member of the city council constitutes misconduct and is punishable in such manner as may be determined by the other members of the city council. Source: L. 75: Entire title R&RE, p. 1031, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-212 as it existed prior to 1975. 31-4-213. Duties of city manager. It is the duty of the city manager to act as chief conservator of the peace within the city; to supervise the administration of the affairs of the city; to see that the ordinances of the city and the applicable laws of the state are enforced; to make such recommendations to the city council concerning the affairs of the city as seem desirable to him; to keep the city council advised of the financial conditions and future needs of the city; to prepare and submit to the city council the annual budget estimate; to prepare and submit to the city council such reports as are required by that body; to prepare and submit each month to the city council a detailed report covering all activities of the city, including a summary statement of revenues and expenditures for the preceding month, detailed as to appropriations and funds in such a manner as to show the exact financial condition of the city and of each department and division thereof as of the last day of the previous month; and to perform such other duties as may be prescribed by this part 2 or required of him by ordinance or resolution of the city council. Source: L. 75: Entire title R&RE, p. 1031, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-213 as it existed prior to 1975. 31-4-214. City manager sits in council - no vote. The city manager is entitled to a seat in the city council but shall have no vote therein. The city manager has the right to take part in the discussion of all matters coming before the city council. Source: L. 75: Entire title R&RE, p. 1031, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-214 as it existed prior to 1975. 31-4-215. Administrative plan. (1) The city council, upon the report and recommendation of the city manager, has the power to create and establish by ordinance administrative departments of city administration. It is the duty of the city manager to propose a plan of administrative organization to the city council within sixty days after his appointment which, if approved by the city council, shall be adopted by ordinance. The administrative plan shall provide for the establishment of the office of city clerk. The city clerk shall be ex officio city treasurer and clerk of the city council. Subject to the supervision and control of the city manager in all matters, the city clerk shall keep and supervise all accounts and have custody of Colorado Revised Statutes 2019 Page 48 of 587 Uncertified Printout all public moneys of the city; apportion and collect special assessments; issue licenses; collect license fees; make and keep a journal of proceedings of the city council; have custody of all public records of the city not specifically entrusted to any other office; and perform such other duties pertaining to such offices as are by ordinance required or assigned to him by the city manager. The administrative plan shall also provide for a chief of police, a fire chief, a health officer, and such other officers as are deemed necessary for the efficient administration of the city, and such plan may or may not include, in the discretion of the city council, all of the officers named in sections 31-4-105 and 31-4-107. All such officers shall be appointed by the city manager as provided in section 31-4-211. This plan of the city manager shall be placed on file and shall be a matter of public record open to the examination and inspection of the public at all reasonable times. The city council, upon recommendation of the city manager, may change or abolish, by ordinance, any department or office established by ordinance, prescribe, distribute, or discontinue the functions and duties of departments and offices so established, or assign additional functions and duties to departments and offices. (2) All administrative boards, departments, or offices existing in any city prior to its reorganization shall continue to exist after its reorganization under this part 2 until abolished, altered, or reorganized by ordinance of the city council. Source: L. 75: Entire title R&RE, p. 1031, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-215 as it existed prior to 1975. 31-4-216. Accounts of utilities. Accounts shall be kept for each public utility owned or operated by the city, distinct from other city accounts, and in such manner as to show the true and complete financial result of such city ownership and operation including all assets, liabilities, revenues, and expenses, and in accordance with the uniform classification of accounts as may be prescribed by the public utilities commission of this state. Source: L. 75: Entire title R&RE, p. 1032, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-216 as it existed prior to 1975. 31-4-217. Publicity of records. Records of the city shall be open to inspection at reasonable times and under reasonable regulations established by the city as provided by article 72 of title 24, C.R.S. Source: L. 75: Entire title R&RE, p. 1032, § 1, effective July 1. L. 91: Entire section amended, p. 745, § 13, effective April 4. Editor's note: This section is similar to former § 31-3-217 as it existed prior to 1975. 31-4-218. Pay of officers and employees. The salary or compensation of officers and employees shall be established by ordinance, which shall provide uniform compensation for like services. Such schedules of compensation may fix the minimum and maximum for any grade. Colorado Revised Statutes 2019 Page 49 of 587 Uncertified Printout An increase in compensation, within the limits provided for the grade, may be granted at any time by the city manager or other appointing authority upon the basis of efficiency and seniority. Source: L. 75: Entire title R&RE, p. 1032, § 1, effective July 1. Editor's note: This section is similar to former § 31-3-218 as it existed prior to 1975. 31-4-219. Official bonds - waiver. The city manager, the city clerk, and such other officers and employees as the city council may require so to do shall give bonds in such amounts and with such sureties as may be approved by the city council. The premiums on such bonds shall be paid by the city. The city council may waive the requirement of such bonds. Source: L. 75: Entire title R&RE, p. 1032, § 1, effective July 1. L. 89: Entire section amended, p. 1290, § 8, effective April 6. Editor's note: This section is similar to former § 31-3-219 as it existed prior to 1975. 31-4-220. Abandonment of form of government. (Repealed) Source: L. 75: Entire title R&RE, p. 1032, § 1, effective July 1. L. 87: (1) amended, p. 327, § 80, effective July 1. L. 89: Entire section repealed, p. 1293, § 18, effective April 6. Editor's note: Before its repeal, this section was similar to former § 31-3-220 as it existed prior to 1975. 31-4-221. Effective date of change. (Repealed) Source: L. 75: Entire title R&RE, p. 1033, § 1, effective July 1. L. 83: Entire section amended, p. 1256, § 9, effective July 1. L. 89: Entire section repealed, p. 1293, § 18, effective April 6. Editor's note: Before its repeal, this section was similar to former § 31-3-221 as it existed prior to 1975. PART 3 ORGANIZATIONAL STRUCTURE AND OFFICERS OF STATUTORY TOWNS 31-4-301. Mayor - board of trustees - election - compensation. (1) The legislative and corporate authority of towns shall be vested in a board of trustees, consisting of one mayor and six trustees, who shall be registered electors who have resided within the limits of the town for a period of at least twelve consecutive months immediately preceding the date of the election; except that, in case of annexation, any person who has resided within the annexed Colorado Revised Statutes 2019 Page 50 of 587 Uncertified Printout territory for the time prescribed in this subsection (1) shall be deemed to have met the residence requirements for the town to which the territory was annexed. (2) At the regular election, there shall be elected a mayor for a term of two years and six trustees for terms of two years. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". (3) All officers elected under this section shall hold their offices until their successors are elected and have complied with section 31-4-401, and four members of said board of trustees shall constitute a quorum for the transaction of business. (4) The mayor and members of the board of trustees shall receive such compensation as fixed by ordinance. (5) The board of trustees may provide by ordinance for four-year overlapping terms of office for trustees. The ordinance may also provide for four-year terms for the mayor and any officers elected pursuant to section 31-4-304. The board of trustees may reinstate the two-year terms provided for in subsection (2) of this section by ordinance. Any ordinance passed pursuant to this subsection (5) shall be enacted at least one hundred eighty days before the next regular election and is subject, notwithstanding an emergency declaration, to referendum if the referendum is brought pursuant to section 31-11-105 or pursuant to an applicable municipal ordinance enacted in accordance with section 1 of article V of the state constitution. No ordinance enacted pursuant to this subsection (5) shall extend or reduce the term for which any person was elected. If any vacancy occurs in an office for which a four-year term is in effect pursuant to this subsection (5), the board of trustees shall fill such vacancy, as provided in section 31-4-303. If the office in which the vacancy occurs is not an office for which a successor would otherwise have been elected at the next regular election, the term of office of the successor elected at that regular election shall be shortened so that the following regular election for the office is held at the time at which it would have been held if no vacancy had occurred. Source: L. 75: Entire title R&RE, p. 1033, § 1, effective July 1. L. 77: (3) amended, p. 286, § 58, effective June 29. L. 79: (5) amended, p. 1174, § 8, effective July 1. L. 83: (1), (3), and (5) amended, p. 1257, § 10, effective July 1. L. 93: (5) amended, p. 699, § 7, effective May 4. L. 95: (5) amended, p. 441, § 28, effective May 8. Editor's note: This section is similar to former § 31-3-301 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 31-4-301.5. Change in number of trustees. (1) The trustees of any statutory town may be reduced in number from six to four or again increased from four to six in the manner provided in this section. (2) When a petition signed by five percent of the registered electors of the town requesting an election for the purpose of reducing the number of trustees from six to four is presented to the board of trustees of the town or when the board determines by majority vote of the entire board that such a reduction in the size of the board would be in the interest of the town, the board shall adopt an ordinance calling for such an election, to be held within four calendar months from the date of presentation of the petition. Colorado Revised Statutes 2019 Page 51 of 587 Uncertified Printout (3) Such election may be held in connection with any regular or special election. In the event that the issue is approved at the election, three members of the board of trustees shall constitute a quorum for the transaction of business, and the legislative and corporate authority of the town shall be vested in the board of trustees consisting of one mayor and four trustees. The approval of a change reducing the number of trustees from six to four shall not have the effect of reducing the term for which any member of the board of trustees was previously elected. (4) Where the number of trustees has been reduced from six to four, an election on the issue of increasing the number of trustees from four to six may be held at any time subsequent to two years following the election reducing the number of trustees from six to four. No new petition requesting an election to reduce or increase the number of trustees on the board of trustees may be filed or accepted by the board, nor may the board refer any such issue to the voters, for a period of two years following an election for the purpose of increasing or reducing the number of trustees. Source: L. 89: Entire section added, p. 1290, § 9, effective April 6. 31-4-302. Mayor - powers. The mayor or, in his absence, one of the trustees, who may be elected mayor pro tem, shall preside at all meetings of the board of trustees and shall have the same voting powers as any member of said board. The mayor shall be considered a member of the governing body and the board of trustees. However, a town may provide by ordinance that the mayor shall not be entitled to vote on any matter before the board, except in the case of a tie vote. If such an ordinance is adopted, it shall also provide that any ordinance adopted and all resolutions authorizing the expenditure of money or the entering into of a contract shall be subject to disapproval by the mayor as provided in section 31-16-104. Such an ordinance may provide or may be amended to provide that the mayor shall not be counted for purposes of determining a quorum or for the requisite majority on any matter to be voted on by the board of trustees. Any such ordinance may be adopted, amended, or repealed only within the sixty days preceding any election of a mayor, to take effect upon such mayor's assumption of office. Source: L. 75: Entire title R&RE, p. 1034, § 1, effective July 1. L. 81: Entire section amended, p. 1494, § 6, effective June 8. L. 89: Entire section amended, p. 1291, § 10, effective April 6. Editor's note: This section is similar to former § 31-3-302 as it existed prior to 1975. 31-4-303. Trustees to fill vacancy - mayor pro tem - clerk pro tem. The board of trustees has the power, by appointment, to fill all vacancies in the board or any other office, and the person so appointed shall hold his office until the next regular election and until his successor is elected and has complied with section 31-4-401. The board also has the power to fill a vacancy in the board or in any other elective office of the town by ordering an election to fill the vacancy until the next regular election and until a successor has been elected and has complied with section 31-4-401. If a vacancy in the board or in such other elective office is not filled by appointment or an election is not ordered within sixty days after the vacancy occurs, the board shall order an election, subject to the municipal election code, to be held as soon as practicable to fill the vacancy until the next regular election and until a successor has been Colorado Revised Statutes 2019 Page 52 of 587 Uncertified Printout elected and has complied with section 31-4-401. At its first meeting, the board shall choose one of the trustees as mayor pro tem who, in the absence of the mayor from any meeting of said board or during the mayor's absence from the town or his inability to act, shall perform the mayor's duties. The board also has the power to elect a clerk pro tem to perform the duties of the clerk during his absence or inability to act. Source: L. 75: Entire title R&RE, p. 1034, § 1, effective July 1. L. 81: Entire section amended, p. 1495, § 7, effective June 8. L. 83: Entire section amended, p. 1257, § 11, effective July 1. L. 88: Entire section amended, p. 1125, § 6, effective April 4. Editor's note: This section is similar to former § 31-3-303 as it existed prior to 1975. 31-4-304. Appointment of officers - compensation. The board of trustees shall appoint a clerk, treasurer, and town attorney, or shall provide by ordinance for the election of such officers, and may appoint such other officers, including a town administrator, as it deems necessary for the good government of the corporation, and it shall prescribe by ordinance their duties when the same are not defined by law and the compensation or fees they are entitled to receive for their services. The board of trustees may require officers to take an oath or affirmation in accordance with section 24-12-101. The election of officers shall be at the regular election, and no appointment of any officer shall continue beyond thirty days after compliance with section 31-4-401 by the members of the succeeding board of trustees. Source: L. 75: Entire title R&RE, p. 1034, § 1, effective July 1. L. 83: Entire section amended, p. 1258, § 12, effective July 1. L. 91: Entire section amended, p. 745, § 14, effective April 4. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 698, § 29, effective August 8; entire section amended, (HB 18-1140), ch. 41, p. 464, § 7, effective August 8. Editor's note: (1) This section is similar to former § 31-3-304 as it existed prior to 1975. (2) Amendments to this section by HB 18-1138 and HB 18-1140 were harmonized. Cross references: (1) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. (2) For the legislative declaration in HB 18-1140, see section 1 of chapter 41, Session Laws of Colorado 2018. 31-4-305. Clerk - duties. The clerk shall attend all meetings of the board of trustees and make a true and accurate record of all the proceedings, rules, and ordinances made and passed by the board of trustees. Records of the town shall be open to inspection at all reasonable times and under reasonable regulations established by the town as provided by article 72 of title 24, C.R.S. Source: L. 75: Entire title R&RE, p. 1034, § 1, effective July 1. L. 91: Entire section amended, p. 746, § 15, effective April 4. Editor's note: This section is similar to former § 31-3-302 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 53 of 587 Uncertified Printout 31-4-306. Marshal or chief of police - powers and duties. The marshal or chief of police has the same power that sheriffs have by law, coextensive with the county in cases of violation of town ordinances, for offenses committed within the limits of the town. He or she shall execute all writs and processes directed to him or her by the municipal judge in any case arising under a town ordinance and receive the same fees for his or her services that sheriffs are allowed in similar cases. The marshal or chief of police may employ certified peace officers to enforce all laws of the state of Colorado notwithstanding section 16-2.5-201. Source: L. 75: Entire title R&RE, p. 1034, § 1, effective July 1. L. 77: Entire section amended, p. 795, § 7, effective June 3. L. 91: Entire section amended, p. 746, § 16, effective April 4. L. 2017: Entire section amended, (SB 17-066), ch. 105, p. 385, § 2, effective April 4. Editor's note: (1) This section is similar to former § 31-3-305 as it existed prior to 1975. (2) Section 4 of chapter 105 (SB 17-066), Session Laws of Colorado 2017, provides that the act changing this section applies before, on, and after April 4, 2017. 31-4-307. Removal of officers - causes - notice. By a majority vote of all members of the board of trustees, the mayor, the clerk, the treasurer, any member of the board, or any other officer of the town may be removed from office. No such removal shall be made without a charge in writing and an opportunity of hearing being given unless the officer against whom the charge is made has moved out of the limits of the town. When any officer ceases to reside within the limits of the town, he may be removed from office pursuant to this section. A municipal judge may be removed during his term of office only for cause, as set forth in section 13-10-105 (2), C.R.S. Source: L. 75: Entire title R&RE, p. 1034, § 1, effective July 1. L. 77: Entire section amended, p. 795, § 8, effective June 3. L. 81: Entire section amended, p. 1495, § 8, effective June 8. L. 91: Entire section amended, p. 746, § 17, effective April 4. Editor's note: This section is similar to former § 31-3-306 as it existed prior to 1975. PART 4 REQUIREMENTS AND COMPENSATION OF OFFICERS 31-4-401. Oath or affirmation of officers - bonds - waiver - declaring office vacant. (1) All officers elected or appointed in any municipality shall take an oath or affirmation in accordance with section 24-12-101. (2) The governing body has the power to declare vacant the office of a person appointed or elected to an office who fails to take an oath or affirmation in accordance with section 24-12101 when required within ten days after the person has been notified of the person's appointment or election, and the governing body shall proceed to appoint the person's successor as in other cases of vacancy. Colorado Revised Statutes 2019 Page 54 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1035, § 1, effective July 1. L. 89: (2) amended, p. 1291, § 11, effective April 6. L. 91: (2) amended, p. 746, § 18, effective April 4. L. 2018: Entire section amended, (HB 18-1138), ch. 88, p. 699, § 30, effective August 8; (2) amended, (HB 181140), ch. 41, p. 465, § 8, effective August 8. Editor's note: (1) This section is similar to former § 31-5-301 as it existed prior to 1975. (2) Amendments to subsection (2) by HB 18-1138 and HB 18-1140 were harmonized. Cross references: (1) For the legislative declaration in HB 18-1138, see section 1 of chapter 88, Session Laws of Colorado 2018. (2) For the legislative declaration in HB 18-1140, see section 1 of chapter 8, Session Laws of Colorado 2018. 31-4-402. New bond. In the event that the official bond of any officer of a city or town, after the taking and approval thereof, becomes insufficient by reason of the death or insolvency of any of the sureties thereon, the governing body of such city or town may require such officer to procure additional sureties or to give a new bond and may designate the time when such additional sureties or new bond shall be furnished, which shall not be less than ten days, or may waive the requirement for such sureties or new bond. In the event that the additional sureties or new bond is not furnished within the time so designated and the requirement for such sureties or new bond is not waived, the office shall be declared vacant, and the vacancy shall be filled by election or appointment as provided by law. Source: L. 75: Entire title R&RE, p. 1035, § 1, effective July 1. L. 89: Entire section amended, p. 1292, § 12, effective April 6. Editor's note: This section is similar to former § 31-5-302 as it existed prior to 1975. 31-4-403. Lawful pay only for governing bodies. No member of the governing body of any city or town shall receive any compensation for his services as such member except as provided by law. Source: L. 75: Entire title R&RE, p. 1035, § 1, effective July 1. Editor's note: This section is similar to former § 31-5-303 as it existed prior to 1975. 31-4-404. Not to be appointed to office. (1) During the time for which he has been elected or for one year thereafter, no member of the governing body of any city or town shall be appointed to any municipal office which is created or the emoluments of which are increased during the term for which he has been elected except in the cases provided in this title. (2) Any member of the governing body of any city or town who has a personal or private interest in any matter proposed or pending before the governing body shall disclose such interest to the governing body, shall not vote thereon, and shall refrain from attempting to influence the decisions of the other members of the governing body in voting on the matter. Colorado Revised Statutes 2019 Page 55 of 587 Uncertified Printout (3) A member of the governing body of any city or town may vote notwithstanding subsection (2) of this section if his participation is necessary to obtain a quorum or otherwise enable the body to act and if he complies with the voluntary disclosure provisions of section 2418-110, C.R.S. Source: L. 75: Entire title R&RE, p. 1035, § 1, effective July 1. L. 88: Entire section amended, p. 1127, § 1, effective March 18; entire section amended, p. 907, § 2, effective July 1. Editor's note: This section is similar to former § 31-5-304 as it existed prior to 1975. 31-4-405. Emoluments not to be increased. The emoluments of any member of the governing body, including the mayor, trustees, and councilmen, shall not be increased or diminished during the term for which he has been elected or appointed except in the case of abolition of an office, in which case the emoluments of the office shall cease at the time of such abolishment. Any member of the governing body, including the mayor, trustees, and councilmen, who has resigned or vacated an office prior to the end of his elective or appointive term shall not be eligible to reelection or reappointment to the same during such term if during such term the emoluments have been increased. Source: L. 75: Entire title R&RE, p. 1035, § 1, effective July 1. Editor's note: This section is similar to former § 31-5-305 as it existed prior to 1975. 31-4-406. Territorial corporations - compensation fixed by electors. In cities and towns of not more than five thousand inhabitants incorporated prior to July 3, 1877, the mayor and members of the governing body shall not receive any compensation for services rendered by them as such mayor or members unless the question of paying such mayor or members for their services is first submitted to the registered electors of such city or town and unless a majority of those voting thereon vote in favor thereof. All ordinances, resolutions, and other acts of the governing body of any such city or town authorizing or directing the payment of any compensation to any such officer shall be and remain void. Nothing in this section shall apply to any municipal judge who acts or officiates as president of any governing body. Source: L. 75: Entire title R&RE, p. 1036, § 1, effective July 1. L. 87: Entire section amended, p. 327, § 81, effective July 1. Editor's note: This section is similar to former § 31-5-306 as it existed prior to 1975. 31-4-407. Penalty for receiving illegal compensation. Any mayor or member of the governing body of any city or town who takes or receives payment for any services rendered by him contrary to the provisions of section 31-4-406 commits a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than twenty-five dollars nor more than one hundred dollars. Said fines, when collected, shall be paid into the general fund of said city or town. Colorado Revised Statutes 2019 Page 56 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1036, § 1, effective July 1. Editor's note: This section is similar to former § 31-5-307 as it existed prior to 1975. PART 5 OFFICERS' RECALL 31-4-501. Officers subject to recall. Every elected officer of any municipality of the state of Colorado may be recalled from office at any time by the registered electors of the municipality in the manner provided in section 4 of article XXI of the state constitution. The provisions of this part 5 shall apply to all municipalities except to the extent that a municipality has adopted provisions pursuant to article XX or XXI of the state constitution inconsistent with this part 5. Source: L. 75: Entire title R&RE, p. 1036, § 1, effective July 1. L. 85: Entire section amended, p. 1349, § 20, effective April 30. Editor's note: This section is similar to former § 31-5-201 as it existed prior to 1975. 31-4-502. Procedure - petition - signatures. (1) The procedure to effect the recall of an elective officer of a municipality shall be as follows: (a) (I) A petition containing the requisite number of signatures under paragraph (d) of this subsection (1) shall be filed in the office of the municipal clerk, demanding an election of a successor to the officer named in the petition. Each petition shall designate by name and address not less than three nor more than five persons, referred to in this section as the "committee", who shall represent the signers thereof in all matters affecting the same. The petition shall clearly indicate the name of the municipality and the name of the officer sought to be recalled. The petition shall include the name of only one person to be recalled. The petition shall contain a general statement, in not more than two hundred words, of the grounds on which the recall is sought, which statement shall be intended for the information of the electors of the municipality. Such electors shall be the sole and exclusive judges of the legality, reasonableness, and sufficiency of the grounds assigned for recall, and said grounds shall not be open to review. (II) The signatures to a recall petition need not all be on one sheet of paper. At the top of each page shall be printed, in bold-faced type, the following: WARNING: IT IS AGAINST THE LAW: For anyone to sign this petition with any name other than one's own or to knowingly sign one's name more than once for the same measure or to sign such petition when not a registered elector. Do not sign this petition unless you are a registered elector. To be a registered elector, you must be a citizen of Colorado and registered to vote in (name of municipality). Colorado Revised Statutes 2019 Page 57 of 587 Uncertified Printout Do not sign this petition unless you have read or have had read to you the proposed measure in its entirety and understand its meaning. (b) Directly following the warning in paragraph (a) of this subsection (1) shall be printed in bold-faced type the following: Petition to recall (name of person sought to be recalled) from the office of (title of office). (c) No recall petition shall be circulated until it has been approved as meeting the requirements of this section as to form. The clerk shall approve or disapprove a petition as to form by the close of the second business day following submission of the proposed petition. The clerk shall mail written notice of such clerk's action to the officer sought to be recalled on the day that any such petition is approved. (d) The petition shall be signed by registered electors entitled to vote for a successor of the incumbent sought to be recalled equal in number to twenty-five percent of the entire vote cast for all the candidates for that particular office at the last preceding regular election held in the municipality. If more than one person is required by law to be elected to fill the office of which the person sought to be recalled is an incumbent, then the recall petition shall be signed by registered electors entitled to vote for a successor to the incumbent sought to be recalled equal in number to twenty-five percent of the entire vote cast at the last preceding regular election held in the municipality for all candidates for the office to which the incumbent sought to be recalled was elected as one of the officers thereof, such entire vote being divided by the number of all officers elected to such office at the last preceding regular election held in the municipality. Source: L. 75: Entire title R&RE, p. 1036, § 1, effective July 1. L. 81: (1)(a) amended, p. 1509, § 37, effective July 1. L. 85: (1)(a) to (1)(c) amended, p. 1349, § 21, effective April 30. L. 91: Entire section amended, p. 747, § 19, effective April 4. Editor's note: This section is similar to former § 31-5-202 as it existed prior to 1975. 31-4-503. Petition in sections - signing - affidavit - review - tampering with petition. (1) Any recall petition may be circulated and signed in sections, but each section shall contain a full and accurate copy of the title and text of the petition. (2) (a) The signatures need not all be on one sheet of paper. All such recall petitions shall be filed in the office of the municipal clerk within sixty days from the date on which the municipal clerk approves the petition as to form. (b) Any recall petition shall be signed only by registered electors using their own signatures, after which each such elector shall print or, if such elector is unable to do so, shall cause to be printed such elector's legal name; the residence address of such person, including the street and number, if any; and the date of signing the same. (c) To each such petition or section thereof shall be attached an affidavit of the person who circulated the petition stating the affiant's address, that the affiant is eighteen years of age or older, that the affiant circulated the said petition, that the affiant made no misrepresentation of the purpose of such petition to any signer of the petition, that each signature on the petition was affixed in the affiant's presence, that each signature on the petition is the signature of the person Colorado Revised Statutes 2019 Page 58 of 587 Uncertified Printout whose name it purports to be, that to the best of the knowledge and belief of the affiant each of the persons signing said petition was at the time of signing a registered elector, and that the affiant neither has paid nor shall pay and that the affiant believes that no other person has so paid or shall pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to sign such petition. (d) 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. (3) (a) The municipal clerk shall issue a written determination that a recall petition is sufficient or not sufficient by the close of business on the fifth business day after such petition is filed or, if such day is not a regular business day, on the first regular business day thereafter, unless a protest has been filed prior to that date. The clerk shall forthwith mail a copy of such written determination to the officer sought to be recalled and to the committee. Any such petition shall be deemed sufficient if the municipal clerk determines that it was timely filed, has attached thereto the required affidavits, and was signed by the requisite number of registered electors of the municipality within sixty days following the date upon which the clerk approved the form of the petition. The clerk shall not remove the signature of an elector from the petition after such petition is filed. If a petition is determined by the clerk to be not sufficient, the clerk shall identify those portions of the petition that are not sufficient and the reasons therefor. (b) A protest in writing under oath may be filed in the office of the municipal clerk by some registered elector who resides in the municipality within fifteen days after such petition is filed setting forth specifically the grounds of such protest. Grounds for protest may include, but shall not be limited to, the failure of any portion of a petition or circulator affidavit or petition circulator to meet the requirements of this section. The municipal clerk shall mail a copy of such protest to the officer named in the petition, to the committee named in the petition as representing the signers of the petition, and to the county clerk and recorder, together with a notice fixing a time for hearing such protest not less than five nor more than ten days after such notice is mailed. The county clerk and recorder shall, upon receipt of such notice, prepare a registration list pursuant to section 31-10-205 to be utilized in determining whether such petition is sufficient. Every hearing shall be before the municipal clerk with whom such protest is filed, who shall serve as hearing officer unless some other person is designated by the governing body as the hearing officer, and the testimony in every such hearing shall be under oath. The hearing officer shall have the power to issue subpoenas and compel the attendance of witnesses. Such a hearing shall be summary and not subject to delay and shall be concluded within thirty days after such petition is filed. No later than five days after the conclusion of the hearing, the hearing officer shall issue a written determination of whether the petition is sufficient or not sufficient. If the hearing officer determines that a petition is not sufficient, the hearing officer shall identify those portions of the petition that are not sufficient and the reasons for the insufficiency. The result of such a hearing shall be forthwith certified to the committee and the officer sought to be recalled. (c) In case the recall petition is not sufficient, it may be withdrawn by a majority of the committee and, within fifteen days after the municipal clerk or hearing officer issues a written determination that the petition is not sufficient, may be amended by the addition of any required information relating to the signers thereof or the attachment of proper circulator affidavits and refiled as an original petition; except that any petition amended and refiled as provided in this paragraph (c) may not again be withdrawn and refiled. The municipal clerk shall issue a written Colorado Revised Statutes 2019 Page 59 of 587 Uncertified Printout determination that such refiled petition is sufficient or not sufficient within four business days after said petition is filed. Any protest concerning the refiled petition shall be filed within five business days of the date on which such petition was refiled, and any hearing shall be conducted as provided in paragraph (b) of this subsection (3). (d) The finding as to the sufficiency of any petition may be reviewed by the district court for the county in which such municipality or portion thereof is located upon application of either the officer sought to be recalled or the officer's representative or a majority of the committee, but such review shall be had and determined forthwith. The sufficiency or the determination of the sufficiency of the petition referred to in this section shall not be held or construed to refer to the grounds assigned in such petition for the recall of the incumbent sought to be recalled from the office thereby. (4) When such recall petition is determined sufficient, the municipal clerk shall submit said petition, together with a certificate of its sufficiency, to the governing body of such municipality at the first meeting of such body following expiration of the period within which a protest may be filed or at the first meeting of such body following the determination of a hearing officer that a petition is sufficient, whichever is later. The governing body shall thereupon order and fix a date for the recall election to be held not less than thirty days nor more than ninety days from the date of submission of the petition to the governing body by the municipal clerk and determine whether voting in the recall election is to take place at the polling place or by mail ballot; but, if a regular election is to be held within one hundred eighty days after the date of submission of said petition, the recall election shall be held as a part of said regular election; except that, if the officer sought to be recalled is seeking reelection at said regular election, only the question of such officer's reelection shall appear on the ballot. If a successor to the officer sought to be recalled is to be selected at such regular election and the officer sought to be recalled is not seeking reelection, the question of such officer's recall shall not appear on the ballot of such regular election. (4.5) A recall election pursuant to this part 5 may only be conducted as part of a coordinated election if the content of the recall election ballot is finally determined by the date for certification of the ballot content for the coordinated election to the county clerk pursuant to section 1-5-203 (3), C.R.S. (5) Any person who willfully destroys, defaces, mutilates, or suppresses any recall petition or who willfully neglects to file or delays the delivery of the recall petition or who conceals or removes any recall petition from the possession of the person authorized by law to have the custody thereof, or who aids, counsels, procures, or assists any person in doing any of said acts commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1037, § 1, effective July 1. L. 85: (2) amended, p. 1349, § 22, effective April 30. L. 88: (5) added, p. 295, § 10, effective May 29. L. 91: (1) to (4) amended, p. 749, § 20, effective April 4. L. 2000: (2)(c), (3)(b), and (4) amended and (4.5) added, p. 793, § 9, effective August 2. L. 2004: (4) amended, p. 1523, § 3, effective May 28. Editor's note: This section is similar to former § 31-5-203 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 60 of 587 Uncertified Printout 31-4-504. Resignation - vacancy filled - election - ballot - nomination. (1) If any officer resigns by submitting a written letter of resignation to the clerk at any time prior to the recall election, all recall proceedings shall be terminated, and the vacancy caused by such resignation shall be filled as provided by law. If the resignation occurs after the ballots have been prepared or at a time when it would otherwise be impracticable to remove the recall question from the ballot, no votes cast on the recall question shall be counted. (2) At least ten days before the recall election, the clerk shall give notice of the election in accordance with section 31-10-501. Except as otherwise provided in this part 5, the recall election shall be conducted and returned and the result of such election declared in all respects as in the case of regular elections. (3) (a) On the official ballot at such elections shall be printed, in not more than two hundred words, the reasons set forth in the petition for demanding his recall, and, in not more than three hundred words, there shall also be printed, if desired by him, the officer's justification of his course in office. Any such reasons or justification shall be submitted to the municipal clerk by the date on which a nominating petition must be filed pursuant to subsection (4) of this section. If such officer resigns at any time subsequent to the calling of the recall election, the recall election shall be held, notwithstanding such resignation. (b) There shall be printed on the official ballot, as to every officer whose recall is to be voted on, the words, "Shall (name of person against whom recall petition is filed) be recalled from the office of (title of office)?". Following such question shall be the words "yes" and "no" on separate lines with a blank space at the right of each in which the voter shall indicate, by marking a cross mark (X), his vote for or against such recall. (c) On such ballots, under each question, there shall also be printed the names of those persons who have been nominated as candidates to succeed the person sought to be recalled, but no vote cast shall be counted for any candidate for such office unless the voter also voted for or against the recall of such person sought to be recalled from said office. The name of the person against whom the petition is filed shall not appear on the ballot as a candidate for the office. All candidates on the ballot shall be listed in alphabetical order. (4) (a) Except as otherwise provided in paragraph (b) of this subsection (4), candidates for the office at a recall election may be nominated by petition as provided in section 31-10-302; except that nominating petitions may be circulated beginning on the first business day after the governing body sets the date for the recall election and shall be filed no later than twenty days prior to such recall election. (b) Where the governing body of the municipality chooses to conduct the recall election by mail ballot in accordance with the requirements of section 31-4-503 (4), candidates shall have not less than ten calendar days beginning on the first calendar day after the governing body sets the date for the recall election within which to circulate nominating petitions, and such petitions shall be filed no later than forty-five days prior to such recall election. (5) (a) Applications for absentee ballots shall be made available by the municipal clerk no later than twenty-four hours after the governing body fixes the date for the holding of the recall election through the close of business on the fifth day before the recall election. (b) Absentee ballots shall be available no later than ten days before the recall election. (c) The absentee polling place in the office of the municipal clerk shall be open during regular business hours between the tenth and fifth day preceding the recall election. Colorado Revised Statutes 2019 Page 61 of 587 Uncertified Printout (6) If a majority of those voting on said question of the recall of any incumbent from office vote "no", said incumbent shall continue in said office. If a majority vote "yes", such incumbent shall be removed from such office upon compliance with section 31-4-401 by his successor. (7) If the vote in such recall election recalls the officer, the candidate who has received the highest number of votes for the office thereby vacated shall be declared elected for the remainder of the term, and a certificate of election shall be forthwith issued to him by the canvassing board. In case the person who received the highest number of votes fails to comply with section 31-4-401 within fifteen days after the issuance of a certificate of election, or in the event no person sought election, the office shall be deemed vacant and shall be filled according to law. (8) Mandatory or optional recounts of ballots cast in a recall election shall be conducted in accordance with section 31-10-1207. Source: L. 75: Entire title R&RE, p. 1037, § 1, effective July 1. L. 83: (1), (5), and (6) amended, p. 1258, § 13, effective July 1. L. 91: Entire section amended, p. 752, § 21, effective April 4. L. 96: (3)(a) and (4) amended, p. 1768, § 63, effective July 1. L. 2000: (1), (2), and (5)(c) amended and (8) added, pp. 794, 795, §§ 10, 11, effective August 2. L. 2004: (4) amended, p. 1523, § 4, effective May 28. Editor's note: This section is similar to former § 31-5-204 as it existed prior to 1975. 31-4-504.5. Incumbent not recalled - reimbursement. (1) If at any recall election the incumbent whose recall is sought is not recalled, or in the event of a protest, the hearing officer determines that the petitions are not sufficient based upon the conduct on the part of petition circulators, the municipality may repay the incumbent for any money actually expended as expenses of such election when such expenses are authorized by this section. (2) (a) Authorized expenses shall include, but are not limited to, moneys spent in challenging the sufficiency of the recall petition and in presenting to the voters the official position of the incumbent, to include campaign literature and advertising and the maintaining of a campaign headquarters. (b) Unauthorized expenses shall include, but are not limited to, moneys spent on challenges and court actions not pertaining to the sufficiency of the recall petition; personal expenses for meals, lodging, and mileage for the incumbent; costs of maintaining a campaign staff; reimbursement for expenses incurred by a campaign committee which has solicited contributions; reimbursement of any kind for employees in the incumbent's office; and all expenses incurred prior to the filing of the recall petition. (3) The incumbent shall file a complete and detailed request for reimbursement with the governing body of the municipality holding the recall election or protest hearing, which shall then review the reimbursement request for appropriateness under subsection (2) of this section, and, in the event the municipality has determined by ordinance to repay such expenses, such municipality shall repay such expenses within forty-five days of receipt of the request. (4) (Deleted by amendment, L. 91, p. 754, § 22, effective April 4, 1991.) Colorado Revised Statutes 2019 Page 62 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1175, § 1, effective July 1. L. 84: (3) amended, p. 837, § 1, effective July 1. L. 91: (1), (3), and (4) amended, p. 754, § 22, effective April 4. 31-4-505. Recall after six months - second petition. (1) No recall petition shall be circulated or filed and no pending recall proceedings shall be continued against any officer until the officer has actually held the office for at least six months following the officer's election or reelection. (2) After one recall petition and election, no further petition shall be filed against the same officer during the term for which he was elected unless the petitioners signing said petition equal fifty percent of all ballots cast for that office at the last preceding regular election. Source: L. 75: Entire title R&RE, p. 1038, § 1, effective July 1. L. 2000: (1) amended, p. 795, § 12, effective August 2. Editor's note: This section is similar to former § 31-5-205 as it existed prior to 1975. 31-4-506. (Repealed) Disclosure of contributions, contributions in kind, and expenditures. Source: L. 2000: Entire section added, p. 795, § 13, effective August 2. L. 2002: Entire section repealed, p. 199, § 3, effective April 3. 31-4-507. Powers of clerk and deputy. (1) Except as otherwise provided in this article, the clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article. (2) All powers and authority granted to the clerk by this article may be exercised by a deputy clerk in the absence of the clerk or in the event the clerk for any reason is unable to perform the duties of the clerk's office. Source: L. 2000: Entire section added, p. 795, § 14, effective August 2. MUNICIPAL ELECTIONS ARTICLE 10 Municipal Election Code PART 1 DEFINITIONS AND GENERAL PROVISIONS 31-10-101. Short title. This article shall be known and may be cited as the "Colorado Municipal Election Code of 1965". Source: L. 75: Entire title R&RE, p. 1039, § 1, effective July 1. Colorado Revised Statutes 2019 Page 63 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-101 as it existed prior to 1975. 31-10-102. Definitions. As used in this article, unless the context otherwise requires: (1) "Clerk" means the clerk of the municipality who is the custodian of the official records of the municipality or any person delegated by the clerk to exercise any of his powers, duties, or functions. (2) "Election official" means any clerk, election commission, judge of election, or municipal governing body engaged in the performance of election duties as required by this article. (3) "Electronic voting system" means any ballot card electronic voting system meeting the requirements set forth in section 1-5-615, C.R.S. (3.5) "Permanent absentee voter" means an eligible elector who applies to receive a ballot by mail for every polling place election and whose name is placed on the list pursuant to section 31-10-1002. (4) "Pollbook" means the list of voters to whom ballots are delivered or who are permitted to enter a voting machine booth for the purpose of casting their votes at a municipal election. Names shall be entered in the pollbook in the order in which the ballots are delivered at the polls or in the order in which voters are permitted to enter a voting machine booth for the purpose of casting their votes. (5) "Population" means population as determined by the latest federal census. (6) "Registration book" means all of the registration records for each general election precinct arranged alphabetically according to surnames and bound together in book form. (7) "Registration list" means the list of registered electors of each municipal election precinct prepared by the county clerk and recorder from the county registration books in accordance with section 31-10-205. (8) "Registration record" means the record on which is entered the official registration and identification of an individual elector and a list of the elections at which he has voted since the date of registration. (8.5) "Residence" means the principal or primary home or place of abode of a person as set forth in section 31-10-201 (3). (9) "Voter" means a registered elector who has presented himself at a polling place to vote in any regular or special election. (10) "Voting machine" means any device fulfilling the requirements for voting machines set forth in part 4 of article 7 of title 1, C.R.S., regarding its use, construction, procurement, and trial. (11) "Watcher" means a registered elector of the municipality whose name has been submitted to the clerk and then certified by the clerk to the appropriate election judges to serve at the polling place with the right to remain inside the polling place from at least fifteen minutes prior to the opening of the polls until after the completion of the count of votes cast at the election and the certification of the count by the judges. Each watcher has the right to maintain a list of voters as the names are announced by the judges and to witness each step in the conduct of the election. Source: L. 75: Entire title R&RE, p. 1039, § 1, effective July 1. L. 79: (8.5) amended, p. 279, § 4, effective June 7. L. 80: (3) and (10) amended, p. 414, § 21, effective January 1, 1981. Colorado Revised Statutes 2019 Page 64 of 587 Uncertified Printout L. 81: (2) amended, p. 1498, § 1, effective July 1. L. 91: (6) and (8) amended, p. 640, § 83, effective May 1. L. 95: (3) amended, p. 856, § 97, effective July 1. L. 2009: (3) amended, (SB 09-292), ch. 369, p. 1978, § 107, effective August 5. L. 2014: (3.5) added, (HB 14-1164), ch. 2, p. 59, § 13, effective February 18. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-102.5. Acts and elections conducted pursuant to provisions which refer to qualified electors. Any elections, and any acts relating thereto, carried out under this article, which were conducted prior to July 1, 1987, pursuant to provisions which refer to a qualified elector rather than registered elector and which were valid when conducted, shall be deemed and held to be legal and valid in all respects. Source: L. 87: Entire section added, p. 328, § 82, effective July 1. 31-10-102.7. Applicability of the "Uniform Election Code of 1992". Any municipality may provide by ordinance or resolution that it will utilize the requirements and procedures of the "Uniform Election Code of 1992", articles 1 to 13 of title 1, C.R.S., in lieu of this article, with respect to any election. Source: L. 92: Entire section added, p. 874, § 104, effective January 1, 1993. L. 93: Entire section amended, p. 1707, § 1, effective July 1. 31-10-102.8. Active military or overseas voters - timely mailing, casting, and receipt of ballot. (1) As used in this section, "ballot materials" means the standardized absentee-voting materials developed pursuant to section 1-8.3-104 (4)(a), C.R.S., and the declaration and form for the execution of the declaration described in section 1-8.3-104 (5), C.R.S. (2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), the clerk shall mail a ballot and ballot materials to any person designated as an active military or overseas voter in the computerized statewide voter registration list no later than forty-five days before an election conducted in accordance with this article; except that, if the clerk receives a certificate of new registration, notification of change of address, or notification of other change in status from an active military or overseas voter after the forty-fifth day before the election, the clerk shall mail a ballot and ballot materials to the voter as soon as practicable. (b) In a recall election conducted in accordance with part 5 of article 4 of this title, the clerk shall mail a ballot and ballot materials to any person designated as an active military or overseas voter in the computerized statewide voter registration list as soon as practicable after ballot certification. (3) To be valid, an active military or overseas voter must submit the ballot via postal mail and complete the signed affirmation, as specified in section 1-8.3-114, C.R.S., not later than Colorado Revised Statutes 2019 Page 65 of 587 Uncertified Printout 7 p.m. mountain time on the date of the election. The vote of any active military or overseas voter who votes as authorized by this section may be challenged in the manner specified in section 31-10-1008. (4) The designated election official must count a valid ballot received in accordance with subsection (3) of this section if the ballot is received by the close of business on the eighth day after the election. (5) No later than sixty days before the election, the county clerk and recorder of the county in which the municipality is located must forward to the municipal clerk a complete list of voters in the municipality who are marked as active military or overseas voters in the computerized statewide voter registration list. (6) Any eligible elector who is designated as an active military or overseas voter in the computerized statewide voter registration list may use a federal write-in absentee ballot to vote for all offices and ballot measures in any election conducted under this article or article 4 of this title. Such ballots shall be processed in accordance with subsections (3) and (4) of this section. Source: L. 2015: Entire section added, (HB 15-1130), ch. 230, p. 855, § 6, effective August 5. Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. 31-10-103. Computation of time. Calendar days shall be used in all computations of time made under this article 10. In computing time for any act to be done before any municipal election, the first day shall be included, and the last, or election, day shall be excluded. Saturdays, Sundays, and legal holidays shall be included, but, if the time for any act to be done or the last day of any period is a Saturday, Sunday, or a legal holiday, the period is extended to include the next day which is not a Saturday, Sunday, or legal holiday. If the time for ending the circulation of and filing nomination petitions provided by section 31-10-302, the time for withdrawing from nomination provided by section 31-10-303 (1), or the time for filing amended or new petitions to remedy objections as provided by section 31-10-305 falls on Saturday, Sunday, or a legal holiday, such act shall be done upon the preceding day which is not a Saturday, Sunday, or legal holiday. Source: L. 75: Entire title R&RE, p. 1039, § 1, effective July 1. L. 79: Entire section amended, p. 1175, § 10, effective July 1. L. 96: Entire section amended, p. 1769, § 64, effective July 1. L. 2018: Entire section amended, (SB 18-107), ch. 104, p. 788, § 2, effective August 8. Editor's note: This section is similar to former § 31-10-104 as it existed prior to 1975. Cross references: (1) For computation of time under the "Uniform Election Code of 1992", see § 1-1-106; for computation of time under the statutes generally, see § 2-4-108. (2) For the legislative declaration in SB 18-107, see section 1 of chapter 104, Session Laws of Colorado 2018. Colorado Revised Statutes 2019 Page 66 of 587 Uncertified Printout 31-10-104. Powers of clerk and deputy. (1) Except where otherwise provided in this article, the clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article. (2) All powers and authority granted to the clerk by this article may be exercised by a deputy clerk in the absence of the clerk or in the event the clerk for any reason is unable to perform his duties. Source: L. 75: Entire title R&RE, p. 1040, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-105 as it existed prior to 1975. 31-10-105. Election commission. The election commission in municipalities having such commission has all the powers and jurisdiction and shall perform all the duties provided by this article with respect to clerks and governing bodies, but the election commission does not have the authority to call a special election. Source: L. 75: Entire title R&RE, p. 1040, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-106 as it existed prior to 1975. 31-10-106. Copies of election laws and manual provided. At least sixty days before any regular election, the secretary of state shall provide each municipal clerk a copy of the municipal election laws of the state. Source: L. 75: Entire title R&RE, p. 1040, § 1, effective July 1. L. 93: Entire section amended, pp. 1707, 1438, §§ 2, 132, effective July 1. L. 95: Entire section amended, p. 856, § 98, effective July 1. Editor's note: This section is similar to former § 31-10-107 as it existed prior to 1975. 31-10-107. Forms prescribed. (Repealed) Source: L. 75: Entire title R&RE, p. 1040, § 1, effective July 1. L. 96: Entire section repealed, p. 1769, § 65, effective July 1. Editor's note: Before its repeal, this section was similar to former § 31-10-108 as it existed prior to 1975. 31-10-108. Special elections. Special elections shall be held on any Tuesday designated by ordinance or resolution of the governing body. No special election shall be held within the ninety days preceding a regular election. No special election shall be called within sixty days before the date thereof, nor shall any special election be held within the thirty-two days before or after the date of a primary, general, or congressional vacancy election. A special election may be held at the same time and place as a primary, congressional vacancy, or general election as a coordinated election pursuant to section 1-7-116, C.R.S., or may be conducted at the same time Colorado Revised Statutes 2019 Page 67 of 587 Uncertified Printout as a mail ballot election pursuant to article 7.5 of title 1, C.R.S. Special elections shall be conducted as nearly as practicable in the same manner as regular elections. Source: L. 75: Entire title R&RE, p. 1040, § 1, effective July 1. L. 81: Entire section amended, p. 296, § 18, effective June 19. L. 95: Entire section amended, p. 856, § 99, effective July 1. L. 2000: Entire section amended, p. 796, § 15, effective August 2. L. 2005: Entire section amended, p. 774, § 58, effective June 1. L. 2015: Entire section amended, (HB 15-1130), ch. 230, p. 856, § 7, effective August 5. Editor's note: This section is similar to former § 31-10-109 as it existed prior to 1975. Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. 31-10-109. Submission of question on regular election date for municipalities. (1) (a) Pursuant to section 31-11-111 (2), the governing body of each municipality, in consultation with the clerk and recorder of the county in which the municipality is located, may submit to a vote of the registered electors of the municipality for placement on the ballot the question of whether the regular election date of such municipality shall be changed to either the Tuesday succeeding the first Monday of November in each odd-numbered year or the Tuesday succeeding the first Monday of November in each even-numbered year. (b) Where a majority of the registered electors voting on the question submitted in accordance with the requirements of paragraph (a) of this subsection (1) approve a change in the regular election date of the municipality, the governing body of the municipality shall by ordinance establish its new regular election date in accordance with the vote of the registered electors and may include in the ordinance any alteration in the terms of office of officials that may be necessary to accomplish the change in election dates in an orderly manner. In no event shall the ordinance shorten the term of any elected official in office at the time of its adoption. (2) Procedures for submitting the question described in paragraph (a) of subsection (1) of this section to the registered electors of the municipality shall follow the procedures set forth in article 11 of this title pertaining to municipal initiatives. (3) Any municipality that has changed its regular election date in accordance with the requirements of this section may change its regular election date pursuant to the procedures specified in subsection (1) of this section for the sole purpose of making the regular election date of the municipality the regular election date in effect prior to the change in such date commenced under this section. Source: L. 2004: Entire section added, p. 809, § 4, effective July 1. PART 2 QUALIFICATIONS AND REGISTRATION OF ELECTORS Colorado Revised Statutes 2019 Page 68 of 587 Uncertified Printout 31-10-201. Qualifications of municipal electors. (1) Every person who has attained the age of eighteen years possessing the following qualifications is entitled to register to vote at all municipal elections: (a) He is a citizen of the United States. (b) The person is a resident of the municipal precinct and has resided in this state for twenty-two days immediately preceding the election at which the person offers to vote. In order to vote in a municipal election conducted under this article, a person must be a registered elector. An otherwise qualified and registered elector who moves from the municipal election precinct where registered to another precinct within the same municipality is permitted to cast a ballot for an election at the polling place in the precinct where registered. (2) No person confined in any public prison is entitled to register or to vote at any regular or special election. Every person who was a qualified elector prior to such imprisonment and who is released by pardon or by having served his full term of imprisonment shall be vested with all the rights of citizenship except as otherwise provided in the state constitution. (3) The judges of election, in determining the residence of a person offering to vote, shall be governed by the following rules, so far as they may be applicable: (a) The residence of a person is the principal or primary home or place of abode of a person. Principal or primary home or place of abode is that home or place in which his habitation is fixed and to which a person, whenever he is absent, has the present intention of returning after a departure or absence therefrom, regardless of the duration of absence. In determining what is a principal or primary place of abode of a person, the following circumstances relating to such person may be taken into account: Business pursuits, employment, income sources, residence for income or other tax purposes, age, marital status, residence of parents, spouse, and children, if any, leaseholds, situs of personal and real property, and motor vehicle registration. (b) A person shall not be considered to have lost his residence if he leaves his home and goes into another state or territory or another county or municipality of this state merely for temporary purposes with an intention of returning. (c) A person shall not be considered to have gained a residence in this state or in any municipality in this state while retaining his home or domicile elsewhere. (d) If a person moves to any other state or territory with the intention of making it his permanent residence, he shall be considered to have lost his residence in the municipality from which he moved. (e) If a person moves from one municipality in this state to any other municipality in this state with the intention of making it his permanent residence, he shall be considered and held to have lost his residence in the municipality from which he moved. (4) (a) For the purpose of voting and eligibility to office, no person is deemed to have gained a residence by reason of his presence or lost it by reason of his absence while in the civil or military service of this state or of the United States, nor while a student at any institution of higher education, nor while kept at public expense in any public prison or state institution unless the person is an employee or a member of the household of an employee of such prison or institution. (b) The provisions of paragraph (a) of this subsection (4) notwithstanding, no person otherwise qualified under the provisions of this article shall be denied the right to vote at any municipal election solely because he is a student at an institution of higher education if such student, at any time when registration is provided for by law, files with the county clerk and Colorado Revised Statutes 2019 Page 69 of 587 Uncertified Printout recorder a written affidavit under oath, in such form as may be prescribed, that he has established a domicile in this state, that he has abandoned his parental or former home as a domicile, and that he is not registered as an elector in any other municipality of this state or of any other state. The fact that such affidavit has been filed shall be noted in the registration book. (c) No provisions of this subsection (4) shall apply to the determination of residence or nonresidence status of students for any college or university purpose. Source: L. 75: Entire title R&RE, p. 1040, § 1, effective July 1. L. 79: (3)(a) R&RE, p. 279, § 5, effective June 7. L. 81: (3)(d) and (3)(e) amended, p. 1498, § 2, effective July 1. L. 92: (1)(b) amended, p. 2178, § 39, effective June 2. L. 94: (1)(b) amended, p. 1773, § 38, effective January 1, 1995. L. 2014: (1)(b) amended, (HB 14-1164), ch. 2, p. 60, § 14, effective February 18. Editor's note: This section is similar to former § 31-10-201 as it existed prior to 1975. Cross references: (1) For the classification of students for tuition purposes, see article 7 of title 23. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-202. Submission of question to qualified taxpaying electors - oath. (1) On any question which is required by law to be submitted to qualified taxpaying electors only, if the question is submitted on paper ballots, such ballots shall be deposited in a separate ballot box reserved for that purpose. If the question is submitted on voting machines, provision shall be made to assure that only registered taxpaying electors are permitted to vote on such question. If the question is to be submitted in precincts using an electronic voting system, provision shall be made to assure that only registered taxpaying electors are permitted to vote on such question. (2) The governing body, in its discretion, may require each registered taxpaying elector desiring to vote on a question which is submitted to qualified taxpaying electors only to sign a written oath that he has, during the twelve months next preceding the election, paid an ad valorem tax upon property situated within the municipality and owned by said person. If said elector is unable to write, he may request assistance from one of the judges of election, and such judge shall sign and witness said elector's mark. Source: L. 75: Entire title R&RE, p. 1042, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-202 as it existed prior to 1975. 31-10-203. Registration required. (1) Except where a statute specifically provides otherwise, no person shall be permitted to vote at any municipal election without first having registered within the time and in the manner required by this section and sections 31-10-204 and 31-10-205. (2) Registration requirements for municipal elections shall be the same as those governing general elections. Registration with the county clerk and recorder shall constitute registration for municipal elections. Colorado Revised Statutes 2019 Page 70 of 587 Uncertified Printout (3) Where a statute specifically allows persons who have qualifications different from registered electors to vote on a particular measure, the governing body may require that each such person desiring to vote sign a written oath before voting that he meets each qualification required to vote on the measure. Source: L. 75: Entire title R&RE, p. 1042, § 1, effective July 1. L. 81: (1) amended and (3) added, p. 1498, § 3, effective July 1. Editor's note: This section is similar to former § 31-10-203 as it existed prior to 1975. Cross references: For general election registration requirements, see part 2 of article 2 of title 1. 31-10-204. Municipal clerk as deputy county clerk and recorder. Each clerk shall serve as a deputy county clerk and recorder for purposes of registration only in the county in which the clerk's municipality is located. The clerk shall register any qualified elector residing in any precinct in such county who appears in person at the clerk's office at any time during which registration is permitted in the office of the county clerk and recorder. The clerk shall promptly deliver the new registration records to the office of the county clerk and recorder. Source: L. 75: Entire title R&RE, p. 1042, § 1, effective July 1. L. 80: Entire section amended, p. 796, § 58, effective June 5. L. 87: Entire section amended, p. 328, § 83, effective July 1. L. 91: Entire section amended, p. 640, § 84, effective May 1. L. 94: Entire section amended, p. 1773, § 39, effective January 1, 1995. L. 95: Entire section amended, p. 857, § 100, effective July 1. L. 97: Entire section amended, p. 477, § 22, effective July 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 60, § 15, effective February 18. Editor's note: This section is similar to former § 31-10-204 as it existed prior to 1975. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-205. Registration lists. The county clerk and recorder of each county, no later than the fifth day preceding any municipal election in his or her county or upon receipt of the notice made pursuant to section 31-4-503 (3)(b), shall prepare a complete copy of the list of the registered electors of each municipal election precinct which is located within his or her county and is involved in such municipal election; but, in any municipal election precinct consisting of one or more whole general election precincts, the county registration books for such precinct may be used in lieu of a separate registration list. The registration list for each municipal election precinct shall contain, in alphabetical order, the names and addresses of all registered electors residing within the municipal election precinct whose names appeared on the county registration records at the close of business on the sixth day preceding the municipal election or, when notice is received pursuant to section 31-4-503 (3)(b), at the close of business on the date preceding receipt of such notice. The county clerk and recorder shall certify and deliver such registration Colorado Revised Statutes 2019 Page 71 of 587 Uncertified Printout lists or registration books to the respective clerks on or before the fifth day preceding the election. Source: L. 75: Entire title R&RE, p. 1042, § 1, effective July 1. L. 87: Entire section amended, p. 328, § 84, effective July 1. L. 91: Entire section amended, p. 754, § 23, effective April 4. L. 94: Entire section amended, p. 1773, § 40, effective January 1, 1995. L. 95: Entire section amended, p. 857, § 101, effective July 1. L. 2014: Entire section amended, (HB 141164), ch. 2, p. 60, § 16, effective February 18. Editor's note: This section is similar to former § 31-10-205 as it existed prior to 1975. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-206. Delivery and custody of registration book or list. (1) Prior to the delivery of the registration books or registration lists to the judges of election for use on election day, the clerk shall attach to each book or list his certificate stating that such book or list contains the registration records or names of all registered electors residing in the municipal election precinct and stating the total number of registration records or names contained therein. (2) At such time as may be set by the clerk, but at least one day prior to the election, one of the judges of election from each precinct may call in person at the office of the clerk for the purpose of receiving the registration book or list and election supplies, or the clerk may deliver the same to one of said judges. The registration book or list shall be delivered to said judge in a sealed envelope or container. Said judge shall have custody of the registration book or list and shall give his receipt therefor. After the closing of the polls on the day of election, he shall seal the registration book or list and deliver it to the election judge selected to deliver the election returns, registration book or list, ballot boxes, if any, and other election papers and supplies to the office of the clerk or to such other place as the clerk may designate as the counting center. Source: L. 75: Entire title R&RE, p. 1043, § 1, effective July 1. L. 79: (2) amended, p. 1176, § 11, effective July 1. L. 91: (1) amended, p. 640, § 85, effective May 1. Editor's note: This section is similar to former § 31-10-506 as it existed prior to 1975. 31-10-207. Questions answered by elector. It is the duty of the clerk to ask each person making application for registration, and the person shall answer correctly, the matters contained in section 1-2-204, C.R.S. Source: L. 75: Entire title R&RE, p. 1043, § 1, effective July 1. L. 80: Entire section amended, p. 414, § 22, effective January 1, 1981. L. 95: Entire section amended, p. 857, § 102, effective July 1. Editor's note: This section is similar to former § 31-10-206 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 72 of 587 Uncertified Printout 31-10-208. Change of address. For the twenty-two days before and on the day of any municipal election, any registered elector, by appearing in person at the office of the county clerk and recorder, may complete a sworn affidavit for change of address within the county in which the elector is registered, stating that, on the date of the election, the elector is living at the new address in the new precinct within the municipality. Upon the receipt of the request, the county clerk and recorder shall verify the registration of the elector and shall, upon verification, issue or authorize a certificate of registration, showing the information required in section 1-2216, C.R.S., plus the change of address. The judges shall allow the registered elector to vote in the precinct where the new address is located. The judges of election shall use the certificate of registration as a substitute registration page, entering the date of the election and pollbook ballot number on the certificate and including it with the registration book when it is returned to the clerk following the election. Source: L. 83: Entire section added, p. 358, § 32, effective July 1. L. 87: Entire section amended, p. 328, § 85, effective July 1. L. 92: Entire section amended, p. 2178, § 40, effective June 2. L. 93: Entire section amended, p. 1708, § 3, effective July 1. L. 94: Entire section amended, p. 1774, § 41, effective January 1, 1995. L. 95: Entire section amended, p. 857, § 103, effective July 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 61, § 17, effective February 18. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. PART 3 NOMINATIONS 31-10-301. Electors eligible to hold municipal office. Every registered elector eighteen years of age or older on the date of the election may circulate a nominating petition and hold office in any municipality, unless another age is required by local charter or ordinance, if he or she has resided in the municipality or municipality and ward, as the case may be, from which he or she is to be elected for a period of at least twelve consecutive months immediately preceding the date of the election. In case of an annexation, any person who has resided within the territory annexed for the prescribed time shall be deemed to have met the residence requirements for the municipality and precinct to which the territory was annexed. No person may be a candidate for two municipal offices at the same election nor hold two elective municipal offices simultaneously; except that, in statutory cities, the offices of clerk and treasurer may be sought and held by the same person. Source: L. 75: Entire title R&RE, p. 1043, § 1, effective July 1. L. 83: Entire section amended, p. 1259, § 14, effective July 1. L. 89: Entire section amended, p. 1292, § 13, effective April 6. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 61, § 18, effective February 18. Editor's note: This section is similar to former § 31-10-301 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 73 of 587 Uncertified Printout Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-302. Nomination of municipal officers. (1) Candidates for municipal offices shall be nominated, without regard to affiliation, by petition on forms supplied by the clerk. A petition of nomination may consist of one or more sheets, but it shall contain the name and address of only one candidate and shall indicate the office to which the candidate is seeking election. (2) Nomination petitions may be circulated and signed beginning on the ninety-first day and ending on the seventy-first day prior to the day of election. Each petition must be signed by registered electors in the following numbers: (a) For a candidate in a city, at least twenty-five registered electors residing within the city; (b) For a candidate from a ward within a city, at least twenty-five registered electors residing in the candidate's ward; (c) For a candidate in a town, at least ten registered electors residing within the town; and (d) For a candidate from a ward within a town, at least ten registered electors residing in the candidate's ward. (3) Each registered elector signing a petition shall sign such registered elector's own signature and shall print or, if such elector is unable to do so, shall cause to be printed such elector's legal name, the address at which such registered elector resides, including the street name and number, the city or town, the county, and the date of the signing. The registered elector, or the person printing on behalf of the registered elector, may use any abbreviations that reasonably identify the residence of the registered elector, and the date the registered elector signed the petition. The circulator of each nomination petition shall make an affidavit that each signature thereon is the signature of the person whose name it purports to be and that each signer has stated to the circulator that the signer is a registered elector of the municipality or municipality and ward, as the case may be, for which the nomination is made. The signature of each signer of a petition shall constitute prima facie evidence of his qualifications without the requirement that each signer make an affidavit as to his qualifications. (4) No petition is valid that does not contain the requisite number of signatures of registered electors. The clerk shall inspect timely filed petitions of nomination to ensure compliance with this section. Such inspection may consist of an examination of the information on the signature lines for patent defects, a comparison of the information on the signature lines with a list of registered electors provided by the county, or any other method of inspection reasonably expected to ensure compliance with this section. Any petition may be amended to correct or replace those signatures that the clerk finds are not in apparent conformity with the requirements of this section at any time prior to sixty-three days before the day of election. (5) No registered elector shall sign more than one nomination petition for each separate office to be filled in his municipality or municipality and ward, as the case may be. Each office of the governing body that is to be filled by the electorate shall be considered a separate office for the purpose of nomination. In municipalities in which offices of the governing body are filled both by election from wards and election at large, an elector may sign a nomination petition for each office to be filled from his ward and also for each office to be filled by election at large. If a Colorado Revised Statutes 2019 Page 74 of 587 Uncertified Printout registered elector's signature appears on more than one nomination petition for a particular office, the clerk may utilize the date of signing indicated on the nomination petitions to determine which signature was valid when affixed to the nomination petitions. If the date of signing does not clarify which signature was valid, all signatures of such registered elector shall be rejected. (6) Each nomination petition shall be filed with the clerk no later than the seventy-first day prior to the day of election. Every petition shall have endorsed thereon or appended thereto the written affidavit of the candidate accepting the nomination and swearing that the candidate satisfies the requirements set forth in section 31-10-301 to be a candidate and hold office in the municipality. The acceptance of nomination shall contain the place of residence of the candidate and the name of the candidate in the form that the candidate wishes it to appear on the ballot. The candidate's name may be a nickname or include a nickname but shall not contain any title or degree designating the business or profession of the candidate. (7) The clerk shall cause all nomination petitions to be preserved for a period of two years. All such petitions shall be open to public inspection under proper regulation by the clerk with whom they are filed. (8) Repealed. Source: L. 75: Entire title R&RE, p. 1043, § 1, effective July 1. L. 77: IP(2) and (6) amended, p. 1461, § 1, effective July 1. L. 81: (6) amended, p. 1499, § 4, effective July 1. L. 87: (4) amended, p. 329, § 86, effective July 1. L. 91: (3) and (4) amended, p. 755, § 24, effective April 4. L. 93: (1) and (6) amended, p. 1708, § 4, effective July 1. L. 95: (8) added, p. 858, § 104, effective July 1. L. 99: (1) amended, p. 164, § 24, effective August 4. L. 2000: (3), (4), (5), and (8) amended, p. 796, § 16, effective August 2. L. 2004: (8) amended, p. 1523, § 5, effective May 28. L. 2015: IP(2), (4), and (6) amended and (8) repealed, (HB 15-1130), ch. 230, p. 854, § 2, effective August 5. L. 2018: (1) amended, (SB 18-107), ch. 104, p. 789, § 3, effective August 8. Editor's note: This section is similar to former § 31-10-302 as it existed prior to 1975. Cross references: (1) For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. (2) For the legislative declaration in SB 18-107 see section 1 of chapter 104, Session Laws of Colorado 2018. 31-10-303. Withdrawal from nominations. (1) Any person who has been nominated and who has accepted a nomination may cause his or her name to be withdrawn from such nomination at any time prior to sixty-three days before election by a written affidavit withdrawing from such nomination. The affidavit stating withdrawal shall be signed by the candidate and filed with the clerk. (2) Repealed. Source: L. 75: Entire title R&RE, p. 1044, § 1, effective July 1. L. 79: (1) amended, p. 1176, § 12, effective July 1. L. 2015: (1) amended, (HB 15-1130), ch. 230, p. 856, § 8, effective August 5. L. 2018: (2) repealed, (SB 18-107), ch. 104, p. 789, § 4, effective August 8. Colorado Revised Statutes 2019 Page 75 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-303 as it existed prior to 1975. Cross references: (1) For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. (2) For the legislative declaration in SB 18-107, see section 1 of chapter 104, Session Laws of Colorado 2018. 31-10-304. Vacancies in nominations. (Repealed) Source: L. 75: Entire title R&RE, p. 1044, § 1, effective July 1. L. 79: Entire section amended, p. 1176, § 13, effective July 1. L. 2018: Entire section repealed, (SB 18-107), ch. 104, p. 789, § 4, effective August 8. Editor's note: Before its repeal, this section was similar to former § 31-10-304 as it existed prior to 1975. Cross references: For the legislative declaration in SB 18-107, see section 1 of chapter 104, Session Laws of Colorado 2018. 31-10-305. Objections to nominations. All petitions of nomination and affidavits that are in apparent conformity with the provisions of section 31-10-302, as determined by the clerk, are valid unless objection thereto is duly made in writing within three days after the filing of the same. In case objection is made, notice thereof shall be forthwith mailed to any candidate who may be affected thereby. The clerk shall decide objections within at least forty-eight hours after the same are filed, and any objections sustained may be remedied or defect cured upon the original petition, by an amendment thereto, or by filing a new petition within three days after the objection is sustained, but in no event later than the sixty-fourth day before the day of election. The clerk shall pass upon the validity of all objections, whether of form or substance, and the clerk's decisions upon matters of form shall be final. The clerk's decisions upon matters of substance shall be open to review if prompt application is made, as provided in section 31-101401, but the remedy in all cases shall be summary, and the decision of the district court shall be final and not subject to review by any other court; except that the supreme court, in the exercise of its discretion, may review any proceeding in a summary way. Source: L. 75: Entire title R&RE, p. 1045, § 1, effective July 1. L. 77: Entire section amended, p. 286, § 59, effective June 29. L. 79: Entire section amended, p. 1176, § 14, effective July 1. L. 93: Entire section amended, p. 1708, § 5, effective July 1. L. 2015: Entire section amended, (HB 15-1130), ch. 230, p. 856, § 9, effective August 5. Editor's note: This section is similar to former § 31-10-305 as it existed prior to 1975. Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. Colorado Revised Statutes 2019 Page 76 of 587 Uncertified Printout 31-10-306. Write-in candidate affidavit. The governing body of a municipality may provide by ordinance that no write-in vote for any municipal office shall be counted unless an affidavit of intent has been filed with the clerk by the person whose name is written in prior to sixty-four days before the day of the election indicating that such person desires the office and is qualified to assume the duties of that office if elected. Source: L. 81: Entire section added, p. 1499, § 5, effective July 1. L. 91: Entire section amended, p. 755, § 25, effective April 4. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 591, § 76, effective May 18. PART 4 JUDGES 31-10-401. Appointment of election judges. At least fifteen days before each municipal election, the governing body shall appoint the judges of election. Each judge of election shall be an elector registered to vote in Colorado and shall be at least eighteen years of age. The clerk shall make and file in his office a list of all persons so appointed, giving their names, addresses, and precincts. Such list shall be a public record and shall be subject to inspection and examination during office hours by any qualified elector of the municipality with the right to make copies thereof. The governing body may by resolution delegate to the clerk the authority and responsibility to appoint judges of election. Source: L. 75: Entire title R&RE, p. 1045, § 1, effective July 1. L. 81: Entire section amended, p. 1499, § 6, effective July 1. L. 87: Entire section amended, p. 329, § 87, effective July 1. L. 2000: Entire section amended, p. 797, § 17, effective August 2. Editor's note: This section is similar to former § 31-10-401 as it existed prior to 1975. 31-10-402. Number of judges. The governing body, or the clerk if authorized pursuant to section 31-10-401, shall appoint for each municipal election precinct at least three judges of election and such additional judges as deemed necessary. Source: L. 75: Entire title R&RE, p. 1045, § 1, effective July 1. L. 79: (1) R&RE, p. 1177, § 15, effective July 1. L. 81: Entire section R&RE, p. 1500, § 7, effective July 1. Editor's note: This section is similar to former § 31-10-402 as it existed prior to 1975. 31-10-403. Certificates of appointment. Immediately after the appointment of the judges of election, the clerk shall issue certificates under his official seal certifying such appointments in each precinct. He shall mail one certificate to each person appointed. Source: L. 75: Entire title R&RE, p. 1045, § 1, effective July 1. L. 81: Entire section amended, p. 1500, § 8, effective July 1. Colorado Revised Statutes 2019 Page 77 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-403 as it existed prior to 1975. 31-10-404. Acceptances. With each certificate of appointment transmitted by the clerk to the judges of election, there shall be enclosed a form for acceptance of the appointment. Each person appointed as an election judge shall file his acceptance in the office of the clerk within seven days after the mailing by the clerk of the certificate of appointment and the acceptance form. Failure of any person appointed as a judge of election to file an acceptance within said seven days shall result in a vacancy. Such vacancy shall be filled in the same way the original appointment was made. Source: L. 75: Entire title R&RE, p. 1045, § 1, effective July 1. L. 81: Entire section amended, p. 1500, § 9, effective July 1. Editor's note: This section is similar to former § 31-10-404 as it existed prior to 1975. 31-10-405. Vacancies. If for any reason any person appointed as a judge of election refuses, fails, or is unable to serve, it is the duty of the person or any other judge of election to immediately notify the clerk. The clerk shall forthwith appoint another qualified person to serve in the place of the person. Source: L. 75: Entire title R&RE, p. 1046, § 1, effective July 1. L. 81: Entire section amended, p. 1500, § 10, effective July 1. L. 93: Entire section amended, p. 1709, § 6, effective July 1. Editor's note: This section is similar to former § 31-10-405 as it existed prior to 1975. 31-10-406. Removal of judges. Any judge of election who has neglected his duty, or has committed, encouraged, or connived at any fraud in connection therewith, or has violated any of the election laws, or has knowingly permitted others to do so, or has been convicted of any felony, or has violated his oath, or has committed any act which interferes or tends to interfere with a fair and honest election shall be summarily removed by the clerk. Source: L. 75: Entire title R&RE, p. 1046, § 1, effective July 1. L. 81: Entire section amended, p. 1500, § 11, effective July 1. Editor's note: This section is similar to former § 31-10-406 as it existed prior to 1975. 31-10-407. Oath of judges. (1) Before any votes are taken at any municipal election, the judges of election shall severally take an oath or affirmation in the following form: "I, ...., do solemnly swear (or affirm) that I am a citizen of the United States and the state of Colorado; that I am a registered elector in Colorado; that I will perform the duties of judge according to law and the best of my ability; that I will studiously endeavor to prevent fraud, deceit, and abuse in conducting the same; that I will not try to ascertain how any elector voted, nor will I disclose how any elector voted if, in the discharge of my duties as judge, such Colorado Revised Statutes 2019 Page 78 of 587 Uncertified Printout knowledge shall come to me, unless called upon to disclose the same before some court; and that I will not disclose the result of the votes until the polls have closed." (2) The judges of election may administer the oaths or affirmations to each other. Each judge shall record and sign any such oaths or affirmations administered by him and shall attach the record to the pollbook. Source: L. 75: Entire title R&RE, p. 1046, § 1, effective July 1. L. 81: Entire section amended, p. 1500, § 12, effective July 1. L. 93: (1) amended, p. 1709, § 7, effective July 1. Editor's note: This section is similar to former § 31-10-407 as it existed prior to 1975. 31-10-408. Compensation of judges. The judges of election at any municipal election shall receive in full compensation for their services as judges of election not less than five dollars and not more than the maximum amount allowed by statute for payment to the judges of the general election of the state of Colorado, as determined by the governing body of the municipality. Source: L. 75: Entire title R&RE, p. 1046, § 1, effective July 1. L. 81: Entire section amended, p. 1501, § 13, effective July 1. Editor's note: This section is similar to former § 31-10-408 as it existed prior to 1975. 31-10-409. Compensation for delivery of election returns and other election papers. The judges of election in each precinct shall select one of their number to deliver the election returns, registration book or list, ballot boxes, if any, and other election papers and supplies to the office of the clerk or to such other place as the clerk may designate as the counting center. The judge so selected shall be paid not more than four dollars for the performance of such service. Source: L. 75: Entire title R&RE, p. 1046, § 1, effective July 1. L. 79: Entire section amended, p. 1177, § 16, effective July 1. Editor's note: This section is similar to former § 31-10-409 as it existed prior to 1975. PART 5 NOTICE AND PREPARATION FOR ELECTIONS 31-10-501. Clerk to give notice. (1) The clerk, at least ten days before each municipal election, shall give written or printed notice of the election stating the date of the election and the hours during which the polls will be open, designating the polling place of each precinct, stating the qualifications of persons to vote in the election, naming the officers to be elected and the questions to be voted upon, and listing the names of those candidates whose nominations have been certified to him, which listing shall be as nearly as possible in the form in which such nominations shall appear upon the official ballot with reference to wards where applicable. A Colorado Revised Statutes 2019 Page 79 of 587 Uncertified Printout copy of such notice shall be posted until after the election in a conspicuous place in the office of the clerk. (2) In addition, the notice shall be published in at least one newspaper having general circulation in the municipality. If the clerk finds it impracticable to make the publication on the tenth day before the election day, he shall make the same on the earliest possible day before the tenth day. The publications in any weekly newspaper shall be in the next to last issue thereof before the day of election. (3) All polling places shall be designated by a sign conspicuously posted at least ten days before each municipal election. Such sign shall be substantially in the following form: "POLLING PLACE FOR PRECINCT NO. ...". In addition, such sign shall state the date of the next election and the hours the polling place will be open. Source: L. 75: Entire title R&RE, p. 1047, § 1, effective July 1. L. 81: Entire section amended, p. 1501, § 14, effective July 1. Editor's note: This section is similar to former § 31-10-501 as it existed prior to 1975. 31-10-501.5. Ballot issue notice. (1) Any ballot issue notice, as defined in section 1-1104 (2.5), C.R.S., relating to a municipal ballot issue, as defined in section 1-1-104 (2.3), C.R.S., shall be prepared and distributed in a manner consistent with part 9 of article 7 of title 1, C.R.S. (2) In addition to the requirements set forth in subsection (1) of this section, a municipality submitting a ballot issue concerning the creation of any debt or other financial obligation at an election in the municipality shall post notice in accordance with the requirements of section 1-7-908, C.R.S. Source: L. 94: Entire section added, p. 1192, § 93, effective July 1. L. 2003: Entire section amended, p. 750, § 6, effective August 6. 31-10-502. Establishing precincts and polling places. (1) (a) The governing body of each municipality shall divide the municipality into as many election precincts for municipal elections as it deems expedient for the convenience of electors of said municipality and shall designate the location and address for each precinct at which elections are to be held. Municipal election precincts shall consist of one or more whole general election precincts wherever practicable, and clerks and governing bodies shall cooperate with the county clerk and recorder and board of county commissioners of their county to accomplish this purpose. In municipalities having wards, no precinct or part thereof shall be located within more than one ward, and each ward shall contain at least one precinct. The precincts shall be numbered consecutively beginning with the number one. The precincts and polling places established pursuant to this section shall remain until changed by the governing body. (b) and (c) Repealed. (2) (a) Changes in the boundaries of election precincts or wards and the creation of new election precincts shall be completed not less than ninety days prior to any municipal election, except in cases of precinct changes resulting from annexations. Colorado Revised Statutes 2019 Page 80 of 587 Uncertified Printout (b) All changes in precinct or ward boundaries and in municipal boundaries shall be reported by the clerk to the county clerk and recorder, and a corrected map shall be transmitted to the county clerk and recorder as soon as possible after such changes have been effected. (3) It is the duty of the governing body to change any polling place upon petition of a majority of the registered electors residing within the precinct. Source: L. 75: Entire title R&RE, p. 1046, § 1, effective July 1. L. 79: (1)(b) and (1)(c) repealed, p. 1182, § 28, effective July 1. L. 81: (3) amended, p. 1502, § 15, effective July 1. Editor's note: This section is similar to former § 31-10-502 as it existed prior to 1975. 31-10-503. Judges may change polling places. (1) When it becomes impossible or inconvenient to hold an election at the place designated therefor, the judges of election, after notifying the clerk and after having assembled at or as near as practicable to such place and before receiving any vote, may move to the nearest convenient place for holding the election and at such newly designated place forthwith proceed with the election. (2) Upon moving to a new polling place, the judges shall display a proclamation of the change and shall station a police officer or some other proper person at the original polling place to notify all registered electors of the new location for holding the election. Source: L. 75: Entire title R&RE, p. 1048, § 1, effective July 1. L. 81: (1) amended, p. 1502, § 16, effective July 1. Editor's note: This section is similar to former § 31-10-503 as it existed prior to 1975. 31-10-504. Number of voting booths or voting machines. (1) In municipalities which use paper ballots, the governing body shall provide in each polling place a sufficient number of voting booths. Each voting booth shall be situated so as to permit voters to prepare their ballots screened from observation and shall be furnished with such supplies and conveniences as will enable the voter to prepare his ballot for voting. (2) In municipalities which use voting machines, the governing body shall supply each precinct with a sufficient number of voting machines. (3) In municipalities which use an electronic voting system, the governing body shall provide adequate materials and equipment for the orderly conduct of voting. Source: L. 75: Entire title R&RE, p. 1048, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-504 as it existed prior to 1975. 31-10-505. Arrangement of voting machines or voting booths and ballot boxes. The voting machines or the voting booths and ballot box shall be situated in the polling place so as to be in plain view of the election officials and watchers. No person other than the election officials and those admitted for the purpose of voting shall be permitted within the immediate voting area, which shall be considered as within six feet of the voting machines or the voting booths and Colorado Revised Statutes 2019 Page 81 of 587 Uncertified Printout ballot box, except by authority of the judges of election, and then only when necessary to keep order and enforce the law. Source: L. 75: Entire title R&RE, p. 1048, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-505 as it existed prior to 1975. 31-10-506. Election expenses to be paid by municipality. The cost of conducting a municipal election, including the cost of printing and supplies, shall be paid by the municipality in which such election is held. Source: L. 75: Entire title R&RE, p. 1048, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-513 as it existed prior to 1975. 31-10-507. Election may be cancelled - when. In any ordinance adopted by the governing body of the municipality requiring an affidavit of intent for write-in candidates as provided in section 31-10-306, the governing body may also provide that, if the only matter before the voters is the election of persons to office and if, at the close of business on the sixtyfourth day before the election, there are not more candidates than offices to be filled at such election, including candidates filing affidavits of intent, the clerk, if instructed by resolution of the governing body either before or after such date, shall cancel the election and by resolution declare the candidates elected. If so provided by ordinance, upon such declaration the candidates shall be deemed elected. Notice of such cancellation shall be published, if possible, in order to inform the electors of the municipality, and notice of such cancellation shall be posted at each polling place and in not less than one other public place. Source: L. 81: Entire section added, p. 1502, § 17, effective July 1. L. 91: Entire section amended, p. 755, § 26, effective April 4. L. 2016: Entire section amended, (SB 16-142), ch. 173, p. 591, § 77, effective May 18. PART 6 CONDUCT OF ELECTIONS 31-10-601. Hours of voting. At all elections held under this article, the polls shall be opened at 7 a.m. and remain open until 7 p.m. of the same day. If a full set of judges of election do not attend at the hour of 7 a.m., an alternate election judge shall be appointed as provided in section 31-10-405. The polls shall be opened if a majority of judges are present, even though the alternate judge has not arrived. Every person, otherwise qualified to vote, who is standing in line waiting to vote at 7 p.m. shall be permitted to vote. Source: L. 75: Entire title R&RE, p. 1048, § 1, effective July 1. L. 81: Entire section amended, p. 1502, § 18, effective July 1. Colorado Revised Statutes 2019 Page 82 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-601 as it existed prior to 1975. 31-10-602. Watchers at municipal elections. Each candidate for office, or interested party in case of an issue, at a municipal election is entitled to appoint some person to act in his behalf in every precinct in which he is a candidate or in which the issue is on the ballot. Such candidate or interested party shall certify the names of the persons so appointed to the clerk on forms provided by the clerk. In case a watcher must leave the polling place, he may designate an alternate to act in his behalf while he is absent, if such alternate is made known to the election judges by an affidavit of the person first named as a watcher. Source: L. 75: Entire title R&RE, p. 1048, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-602 as it existed prior to 1975. 31-10-603. Employee entitled to vote. (1) Any registered elector entitled to vote at any municipal election held within this state is entitled to absent himself from any service or employment in which he is then engaged or employed on the day of such election for a period of two hours between the time of opening and time of closing the polls. Any such absence shall not be sufficient reason for the discharge of any such person from such service or employment. Such elector, because of so absenting himself, shall not be liable to any penalty, nor shall any deduction be made from his usual salary or wages on account of such absence. Registered electors who are employed and paid by the hour shall receive their regular hourly wage for the period of such absence, not to exceed two hours. Application shall be made for such leave of absence prior to the day of election. The employer may specify the hours during which such employee may absent himself, but such hours shall be at the beginning or ending of the work shift if the employee so requests. (2) This section shall not apply to any person whose hours of employment on the day of the election are such that there are three or more hours between the time of opening and the time of closing of the polls during which he is not employed on the job. Source: L. 75: Entire title R&RE, p. 1049, § 1, effective July 1. L. 79: (2) amended, p. 1185, § 1, effective April 25. Editor's note: This section is similar to former § 31-10-603 as it existed prior to 1975. 31-10-604. Judges open ballot box first. In precincts which use an electronic voting system or paper ballots, it is the duty of the judges of the election, immediately before the opening of the polls, to open the ballot box in the presence of the people there assembled and turn it upside down so as to empty it of everything that may be in it and then lock it securely. It shall not be reopened until the time for counting the ballots therein. Source: L. 75: Entire title R&RE, p. 1049, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-604 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 83 of 587 Uncertified Printout 31-10-605. Judge to keep pollbook. A judge of election shall keep a pollbook, which shall contain one column headed "names of voters" and one column headed "number on ballot". The name and number on the ballot of each registered elector voting shall be entered in regular succession under the headings in the pollbook. Source: L. 75: Entire title R&RE, p. 1049, § 1, effective July 1. L. 81: Entire section amended, p. 1502, § 19, effective July 1. Editor's note: This section is similar to former § 31-10-605 as it existed prior to 1975. 31-10-606. Preparing to vote. (1) Any registered elector desiring to vote shall write his name and address on a form available at the polling place and shall give the form to one of the judges of election, who shall thereupon announce the same clearly and audibly. If said elector is unable to write, he may request assistance from one of the judges of election, and such judge must sign the form and witness the elector's mark. The form to be available shall be in substance: "I, ...., who reside at ...., am a registered elector of this precinct and desire to vote at this .... election. Date .....". If the name is found on the registration book or the registration list by the election judge having charge thereof, he shall likewise repeat the name, and said elector shall be allowed to enter the immediate voting area. If the name is not found on the registration book or the registration list by the election judge, such election judge, if practicable and not unduly disruptive to the election process, shall attempt to contact the county clerk and recorder's office, by telephone or otherwise, to request oral verification of the elector's registration in that precinct; and, if such oral verification is received by such election judge from the county clerk and recorder's office, such election judge shall record such verification on a form to be provided by the clerk and shall likewise repeat the elector's name, and said elector shall be allowed to enter the immediate voting area. After it is determined that the elector is duly registered, the election official in charge of the pollbook shall write upon the pollbook the name of such elector and, in precincts using paper ballots, the number of the ballot given to such elector. (2) Besides the election officials, not more than four voters in excess of the number of voting booths or voting machines shall be allowed within the immediate voting area at one time. (3) The completed signature forms shall be returned with other election materials to the clerk. If no challenges have been made, the forms may be destroyed after forty-five days. (4) If the judges are using the registration book and the registered elector's signature does not appear on his or her registration record, said elector shall show documentation of his or her registration and sign his or her registration record before being allowed to vote. If said elector is unable to write, he or she may request assistance from one of the judges of election, and such judge shall sign the registration record and witness said elector's mark. (5) In precincts using paper ballots, an election judge shall give the registered elector one, and only one, ballot, which shall be removed from the package of ballots by tearing the same along the perforated line between the stub and duplicate stub. Before delivering such ballot to said elector, the judge of election having charge of the ballots shall endorse his initials on the duplicate stub, and said judge shall enter the date and the number of said ballot on the registration book or registration list opposite the name of said elector. Colorado Revised Statutes 2019 Page 84 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1049, § 1, effective July 1. L. 79: (1) amended, p. 1177, § 17, effective July 1. L. 81: (1) and (5) amended, p. 1503, § 20, effective July 1. L. 91: (4) amended, p. 640, § 86, effective May 1. L. 2014: (4) amended, (HB 14-1164), ch. 2, p. 61, § 19, effective February 18. Editor's note: This section is similar to former § 31-10-606 as it existed prior to 1975. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-607. Manner of voting in precincts which use paper ballots. (1) In precincts which use paper ballots, upon receiving his ballot, the registered elector shall immediately retire alone to one of the voting booths provided and shall prepare his ballot by marking or stamping in ink or indelible pencil, in the appropriate margin or place, a cross mark (X) opposite the name of the candidate of his choice for each office to be filled; except that no cross mark (X) shall be required opposite the name of a write-in candidate. In case of a question submitted to a vote of the people, said elector shall mark or stamp, in the appropriate margin or place, a cross mark (X) opposite the answer which he desires to give. Before leaving the voting booth, said elector shall fold his ballot without displaying the marks thereon, so that the contents of the ballot are concealed and the stub can be removed without exposing any of the contents of the ballot, and he shall keep the same so folded until he has deposited his ballot in the ballot box. (2) Each registered elector who has prepared his ballot and is ready to cast his vote shall then leave the voting booth and approach the judge of election having charge of the ballot box. He shall give his name to that judge, who shall announce the name of such elector and the number upon the duplicate stub of his ballot, which number must correspond with the stub number previously placed on the registration book or registration list. If the stub number of the ballot corresponds and is identified by the initials of the judge of election placed thereupon, the judge of election shall then remove the duplicate stub from such ballot. Such ballot shall then be returned to the registered elector, who shall thereupon, in full view of the judges of election, cast his vote by depositing the ballot in the ballot box, with the official endorsement on said ballot uppermost. (3) Each registered elector shall mark and deposit his ballot without undue delay and shall leave the immediate voting area as soon as he has voted. No such elector shall occupy a voting booth already occupied by another, nor remain within the immediate voting area more than ten minutes, nor occupy a voting booth for more than five minutes if all such booths are in use and other voters are waiting to occupy the same. No registered elector whose name has been entered on the pollbook shall be allowed to reenter the immediate voting area during the election except a judge of election. Source: L. 75: Entire title R&RE, p. 1050, § 1, effective July 1. L. 79: (2) amended, p. 1178, § 18, effective July 1. L. 81: (2) and (3) amended, p. 1503, § 21, effective July 1. Editor's note: This section is similar to former § 31-10-607 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 85 of 587 Uncertified Printout 31-10-608. Disabled voter - assistance. (1) If, at any regular or special election, any voter declares under oath to the judges of election of the precinct where he is entitled to vote that, by reason of blindness or other physical disability or inability to read or write, he is unable to prepare his ballot or operate the voting machine without assistance, he is entitled, upon his request, to receive the assistance of any one of the judges of election or, at his option, of any qualified elector of the precinct selected by the disabled voter. No person other than a judge of election in the precinct is permitted to enter the polling booth as an assistant to more than one voter. (2) A notation shall be made in the pollbook opposite the name of each voter thus assisted stating that the voter has been assisted. Source: L. 75: Entire title R&RE, p. 1051, § 1, effective July 1. L. 81: (1) amended, p. 1504, § 22, effective July 1. Editor's note: This section is similar to former § 31-10-608 as it existed prior to 1975. 31-10-609. Spoiled ballots. In precincts which use an electronic voting system or paper ballots, no person shall take or remove any ballot from the polling place before the close of the polls. If any voter spoils a ballot, he may successively obtain others, one at a time, not exceeding three in all, upon returning each spoiled one. The spoiled ballots thus returned shall be immediately cancelled and shall be preserved and returned to the clerk along with other election records and supplies. Source: L. 75: Entire title R&RE, p. 1051, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-609 as it existed prior to 1975. 31-10-610. Counting paper ballots. (1) In precincts which use paper ballots, as soon as the polls at any election have finally closed, the judges shall immediately open the ballot box and proceed to count the votes polled, and the counting thereof shall be continued until finished before the judges of election adjourn. They shall first count the number of ballots in the box. If the ballots are found to exceed the number of names entered on the pollbook, the judges of election shall then examine the official endorsements upon the outside of the ballots without opening the same, and if, in the unanimous opinion of the judges, any of the ballots in excess of the number on the pollbook do not bear the proper official endorsement, they shall be put into a separate pile by themselves, and a separate record and return of the votes in such ballots shall be made under the head of "excess ballots". When the ballots and the pollbook agree, the judges of election shall proceed to count the votes. Each ballot shall be read and counted separately, and every name separately marked as voted for on such ballot, where there is no conflict to obscure the intention of the voter, shall be read and marked upon the tally sheets before any other ballot is proceeded with. The entire number of ballots, excepting "excess ballots", shall be read and counted and placed upon the tally sheets in like manner. When all of the ballots, excepting "excess ballots", have been counted, the judges of election shall estimate and publish the votes. (2) When all the votes have been read and counted, the ballots, together with one of the tally lists, shall be returned to the ballot box, and the opening shall be carefully sealed, and each Colorado Revised Statutes 2019 Page 86 of 587 Uncertified Printout of the judges shall place his initials on said seal. The cover shall then be locked and the ballot box delivered to the clerk as provided in section 31-10-614. (3) All persons, except judges of election and watchers, shall be excluded from the place where the counting is being carried on until the count has been completed. Source: L. 75: Entire title R&RE, p. 1051, § 1, effective July 1. L. 81: (1) and (3) amended, p. 1504, § 23, effective July 1. Editor's note: This section is similar to former § 31-10-610 as it existed prior to 1975. 31-10-611. Tally sheets. As the judges of election open and read the ballots, the votes each of the candidates have received shall be carefully marked down, upon tally sheets prepared by the clerk for that purpose, by any appropriate election official. Source: L. 75: Entire title R&RE, p. 1052, § 1, effective July 1. L. 79: Entire section R&RE, p. 1178, § 19, effective July 1. Editor's note: This section is similar to former § 31-10-611 as it existed prior to 1975. 31-10-612. Defective ballots. If a voter marks in ink or indelible pencil more names than there are persons to be elected to an office or if, for any reason, it is impossible to determine the choice of any voter for any office to be filled, his ballot shall not be counted for such office. A defective or an incomplete cross marked on any ballot in ink in a proper place shall be counted if there is no other mark or cross in ink or indelible pencil on such ballot indicating an intention to vote for some person other than those indicated by the first mentioned defective cross or mark. No ballot without the official endorsement, except as provided in section 31-10-805, shall be deposited in the ballot box, and none but ballots provided in accordance with the provisions of this article shall be counted. When the judges of election in any precinct discover in the counting of votes that the name of any candidate voted for is misspelled or the initial letters of his given name are transposed or omitted in part or altogether on the ballot, the vote for such candidate shall be counted for him if the intention of the elector to vote for him is apparent. Ballots not counted shall be marked "defective" on the back thereof and shall be preserved for such time as is provided in section 31-10-616 for ballots and destroyed as therein directed. Source: L. 75: Entire title R&RE, p. 1052, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-612 as it existed prior to 1975. 31-10-613. Judges' certificate. (1) As soon as all the votes have been read and counted, the judges of election shall make a certificate, stating the name of each candidate, designating the office for which such person received votes, and stating the number of votes he received, the number being expressed in words at full length and in numerical figures, such entry to be made as nearly as circumstances will admit, in the following form: Colorado Revised Statutes 2019 Page 87 of 587 Uncertified Printout "At an election held at .... in .... precinct in the municipality of .... and state of Colorado, on the .... day of ...., in the year ...., the following named persons received the number of votes annexed to their respective names for the following described offices: Total number of votes cast were ...., A.B. had seventy-two (72) votes for mayor; C.D. had seventy-one (71) votes for mayor; N.O. had seventy-two (72) votes for councilman or trustee; P.Q. had seventy-one (71) votes for councilman or trustee (and in the same manner for any other persons voted for). Certified by us: E.F. ) Judges ) G.H. ) of ) I.J. ) Election" (2) In addition, the judges of election shall make a statement in writing showing the number of ballots voted, making a separate statement of the number of unofficial and substitute ballots voted, the number of ballots delivered to voters, the number of spoiled ballots, the number of ballots not delivered to voters, and the number of ballots returned, identifying and specifying the same. All unused ballots, spoiled ballots, and stubs of ballots voted shall be returned with such statement. Source: L. 75: Entire title R&RE, p. 1052, § 1, effective July 1. L. 79: (1) amended, p. 1178, § 20, effective July 1. L. 81: (1) amended, p. 1504, § 24, effective July 1. Editor's note: This section is similar to former § 31-10-613 as it existed prior to 1975. 31-10-614. Delivery of election returns, ballot boxes, and other election papers. When all the votes have been read and counted, the election officials selected in accordance with section 31-10-409 shall deliver to the clerk the certificate and statement required by section 3110-613, the ballot boxes and all keys thereto, and the registration list, pollbooks, tally sheets, spoiled ballots, unused ballots, ballot stubs, oaths, affidavits, and other election papers and supplies. Such delivery shall be made at once and with all convenient speed, and informality in such delivery shall not invalidate the vote of any precinct when delivery has been made previous to the completion of the official abstract of the votes by the canvassers. The clerk shall give his receipt for all such papers so delivered. Source: L. 75: Entire title R&RE, p. 1053, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-614 as it existed prior to 1975. 31-10-615. Judges to post returns. In addition to all certificates otherwise required to be made of the count of votes polled at any election, the judges of election are hereby required to make out an abstract of the count of votes, which abstract shall contain the names of the offices, names of the candidates, ballot titles and submission clauses of all initiated, referred, or other measures voted upon, and the number of votes counted for or against each candidate or measure. Said abstract shall be posted in a conspicuous place upon the outside of the polling place Colorado Revised Statutes 2019 Page 88 of 587 Uncertified Printout immediately upon completion of the count. The abstract may be removed at any time after fortyeight hours following the election. Suitable blanks for the required abstract shall be prepared, printed, and furnished to all judges of election at the same time and in the same manner as other election supplies are furnished. Source: L. 75: Entire title R&RE, p. 1053, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-615 as it existed prior to 1975. 31-10-616. Preservation of ballots and election records. (1) The ballots, when not required to be taken from the ballot box for the purpose of election contests, shall remain in the ballot box in the custody of the clerk until six months after the election at which such ballots were cast or until the time has expired for which the ballots would be needed in any contest proceedings, at which time the ballot box shall be opened by the clerk and the ballots destroyed by fire, shredding, or burial, or by any other method approved by the executive director of the department of personnel. If the ballot boxes are needed for a special election before the legal time for commencing any proceedings in the way of contests has elapsed or in case such clerk, at the time of holding such special election, has knowledge of the pendency of any contest in which the ballots would be needed, the clerk shall preserve the ballots in some secure manner and provide for their being kept so that no one can ascertain how any voter may have voted. (2) The clerk shall preserve all other official election records and forms for at least six months following a regular or special election. Source: L. 75: Entire title R&RE, p. 1053, § 1, effective July 1. L. 79: (1) amended, p. 1179, § 21, effective July 1. L. 96: (1) amended, p. 1543, § 135, effective June 1. Editor's note: This section is similar to former § 31-10-616 as it existed prior to 1975. 31-10-617. Ranked voting methods. (1) Notwithstanding any provision of this article to the contrary, a municipality may use a ranked voting method, as defined in section 1-1-104 (34.4), C.R.S., to conduct a regular election to elect the mayor or members of the governing body of the municipality in accordance with section 1-7-1003, C.R.S., and the rules adopted by the secretary of state pursuant to section 1-7-1004 (1), C.R.S. (2) A municipality conducting an election using a ranked voting method may adapt the requirements of this article, including requirements concerning the form of the ballot, the method of marking the ballot, the procedure for counting ballots, and the form of the election judges' certificate, as necessary for compatibility with the ranked voting method. Source: L. 2008: Entire section added, p. 1252, § 4, effective August 5. PART 7 VOTING MACHINES Colorado Revised Statutes 2019 Page 89 of 587 Uncertified Printout 31-10-701. Use of voting machines. Voting machines may be used in any municipal election if the governing body, by resolution, authorizes their use. The adoption and use of voting machines for municipal elections shall be in accordance with the provisions for the adoption and use of voting machines for general and primary elections insofar as such provisions are applicable to municipal elections. Source: L. 75: Entire title R&RE, p. 1053, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-701 as it existed prior to 1975. Cross references: For use of voting machines in general and primary elections, see part 4 of article 7 of title 1. 31-10-702. Judges to inspect machines. The judges of election of each precinct using voting machines shall meet at the polling place therein at least three-quarters of an hour before the time set for the opening of the polls at each election. Before the polls are open for an election, each judge shall carefully examine each machine used in the precinct and see that no vote has been cast and that every counter, except the protective counter, registers zero. Source: L. 75: Entire title R&RE, p. 1054, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-702 as it existed prior to 1975. 31-10-703. Sample ballots, ballot labels, and cards of instruction. (1) Sample ballots shall be printed and in the possession of the clerk ten days before the election and shall be subject to public inspection. The sample ballots shall be arranged in the form of a diagram showing the front of the voting machine as it will appear after the official ballot labels are arranged thereon for voting on election day. Such sample ballots may be either in full or reduced size. The clerk shall provide at least two sample ballots for each election precinct, to be delivered to the judges of election and posted in the polling place on election day. (2) The clerk shall also prepare and place on each voting machine to be used in election precincts under the clerk's supervision a set of official ballot labels arranged in the manner prescribed for the official election ballot to be used on voting machines. When there is more than one person to be elected to an office, there shall be provided two, and only two, spaces for writein purposes for each different office. No cross mark (X) shall be required opposite the name of a write-in candidate. Candidate names shall be arranged by lot as prescribed by the municipal clerk under the designation of the office. The clerk shall deliver the required number of voting machines, equipped with the official ballot, to each election precinct no later than the day prior to the day of election. (3) Cards of instruction for the guidance of voters in casting their ballots on voting machines shall also be supplied by the clerk as provided in section 31-10-906. Source: L. 75: Entire title R&RE, p. 1054, § 1, effective July 1. L. 93: (2) amended, p. 1709, § 8, effective July 1. Colorado Revised Statutes 2019 Page 90 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-703 as it existed prior to 1975. 31-10-704. Instructions to vote. In case any voter after entering the voting machine asks for further instructions concerning the manner of voting, a judge shall give such instruction to him; but no judge or other election officer or person assisting such voter shall enter the voting machine, except as provided in section 31-10-608, or in any manner request, suggest, or seek to persuade or induce any such voter to vote for any particular ticket, or for any particular candidate, or for or against any particular amendment, question, or proposition. After receiving such instruction, such voter shall vote as in the case of an unassisted voter. Source: L. 75: Entire title R&RE, p. 1054, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-704 as it existed prior to 1975. 31-10-705. Length of time to vote. No voter shall remain within the voting machine booth longer than three minutes. If he refuses to leave after a lapse of three minutes, he shall be removed by the judges, but the judges in their discretion may permit a voter to remain longer than three minutes. Source: L. 75: Entire title R&RE, p. 1054, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-705 as it existed prior to 1975. 31-10-706. Judge to watch voting machines. The judges shall designate at least one of their number to be stationed beside the entrance to the voting machine during the entire period of the election to see that it is properly closed after a voter has entered to vote. At such intervals as he deems proper or necessary, the judge shall examine the face of the machine to ascertain whether it has been defaced or injured, to detect the wrongdoer, and to repair any injury. Source: L. 75: Entire title R&RE, p. 1054, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-706 as it existed prior to 1975. 31-10-707. Clerk to supply seals for voting machines. The clerk shall supply each election precinct with a seal for each voting machine to be used in the precinct for the purpose of sealing the machine after the polls are closed and with an envelope for the return of the keys to the machine along with the election returns. Source: L. 75: Entire title R&RE, p. 1054, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-707 as it existed prior to 1975. 31-10-708. Close of polls and count of votes. As soon as the polls are closed, the judges of election shall immediately lock and seal each voting machine against further voting, and it shall so remain for a period of thirty days unless otherwise ordered by the court. Immediately Colorado Revised Statutes 2019 Page 91 of 587 Uncertified Printout after each machine is locked and sealed, the judges of election shall open the counting compartments thereof and proceed to count the votes thereon. After the total vote for each candidate and upon each question or proposition has been ascertained, the judges of election shall make out a certificate of votes cast, in numerical figures only, and return the same to the clerk as provided in section 31-10-614. Source: L. 75: Entire title R&RE, p. 1055, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-708 as it existed prior to 1975. 31-10-709. Election laws apply - separate absentee ballots permitted. All of the provisions of this article not inconsistent with the provisions of sections 31-10-701 to 31-10-708 shall apply to all elections held in precincts where voting machines are used. Nothing in sections 31-10-701 to 31-10-708 shall prohibit the use of a separate paper ballot by absentee voters or for charter amendments where such is required. Source: L. 75: Entire title R&RE, p. 1055, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-709 as it existed prior to 1975. PART 8 ELECTRONIC SYSTEM 31-10-801. Use of electronic system. An electronic voting system may be used in any municipal election if the governing body authorizes its use. The adoption and use of an electronic voting system for municipal elections shall be in accordance with the provisions for the adoption and use of such system for general and primary elections insofar as such provisions are applicable to municipal elections. Source: L. 75: Entire title R&RE, p. 1055, § 1, effective July 1. 31-10-802. Sample ballots. Sample ballots shall be printed and in the possession of the clerk ten days before the election and shall be subject to public inspection. Such ballots shall be in the form of the official ballot but shall be printed on paper of a different color from the official ballot. The clerk shall provide that at least two sample ballots for each election precinct are delivered to the judges of election and posted in the polling place on election day. Source: L. 75: Entire title R&RE, p. 1055, § 1, effective July 1. 31-10-803. Ballots - electronic voting. (1) Ballot pages or ballot cards placed upon voting devices shall be, so far as practicable, in the same order of arrangement as provided by section 31-10-902 for paper ballots; except that they shall be of the size and design required by the vote recorder or the electronic vote counting equipment, or both the vote recorder and the Colorado Revised Statutes 2019 Page 92 of 587 Uncertified Printout electronic vote counting equipment, and may be printed on a number of separate pages which are placed on the voting device or on one or more ballot cards. (2) If votes are recorded on a ballot card, a separate write-in ballot may be provided, which may be in the form of a paper ballot or envelope on which the voter may write in the titles of the office and the names of persons not on the printed ballot for whom he wishes to vote. Source: L. 75: Entire title R&RE, p. 1055, § 1, effective July 1. 31-10-804. Preparation for use - electronic voting. (1) Prior to an election in which an electronic voting system is to be used, the clerk shall have the vote recorders or punching devices, or both the vote recorders and punching devices, prepared for voting and shall inspect and determine that each such recorder or device is in proper working order and shall cause a sufficient number of such recorders or devices to be delivered to each election precinct in which the electronic voting system is to be used. (2) The clerk shall supply each election precinct in which vote recorders or voting devices are to be used with a sufficient number of ballot cards, sample ballots, ballot boxes, write-in ballots, if required, and other supplies and forms as may be required. Each ballot card shall have a serially numbered stub attached, which shall be removed by a judge of election before the card is deposited in the ballot box. Source: L. 75: Entire title R&RE, p. 1055, § 1, effective July 1. 31-10-805. Instructions to vote. In case any voter, after commencing to vote, asks for further instructions concerning the manner of voting, a judge shall give such instructions to him; but no judge or other election officer or person assisting such voter shall request, suggest, or seek to persuade or induce any such voter to vote for any particular ticket, or for any particular candidate, or for or against any particular amendment, question, or proposition. After receiving such instructions, such voter shall vote as in the case of an unassisted voter. Source: L. 75: Entire title R&RE, p. 1056, § 1, effective July 1. 31-10-806. Ballots. The clerk of each municipality using an electronic voting system shall provide sufficient ballots for every municipal election. The official ballots shall be printed and in the possession of the clerk at least ten days before the election. Source: L. 75: Entire title R&RE, p. 1056, § 1, effective July 1. 31-10-807. Distribution of ballots. In municipalities using an electronic voting system, the clerk shall distribute to the election judges in the respective precincts a sufficient number of ballots. The ballots shall be sent in one or more sealed packages for each precinct with marks on the outside of each stating clearly the precinct and polling place for which it is intended, together with the number of ballots enclosed. Such package shall be delivered to one of the judges of election of such precinct between the close of business on the Friday preceding election day, or during any earlier day in which a judges' school of instruction is held, and 8 p.m. on the Monday before election day. A receipt for the ballots thus delivered shall be given by the election judge Colorado Revised Statutes 2019 Page 93 of 587 Uncertified Printout who received them. The receipt shall be filed with the clerk, who shall also keep a record of the time when and the manner in which each of said packages was sent and delivered. Source: L. 75: Entire title R&RE, p. 1056, § 1, effective July 1. L. 81: Entire section amended, p. 1505, § 25, effective July 1. 31-10-808. Cards of instruction. (1) The clerk shall furnish to the judges of election of each precinct a sufficient number of instruction cards for the guidance of voters in preparing their ballots. The election judges shall post at least one card in each polling place on the day of election. Such cards shall be printed in large, clear type and shall contain full instructions to the voter as to what should be done: (a) To obtain a ballot for voting; (b) To prepare the ballot for deposit in the ballot box; (c) To obtain a new ballot in the place of one spoiled by accident or mistake; and (d) To obtain assistance in marking ballots. Source: L. 75: Entire title R&RE, p. 1056, § 1, effective July 1. 31-10-809. Close of polls - count and seals in electronic voting. After the polls have been closed, the election judges shall secure the vote recorders or the voting devices, or both the vote recorders and the voting devices, against further use and prepare a ballot return in duplicate showing the number of voters as indicated by the pollbook who have voted in the precinct, the number of official ballot cards received, and the number of spoiled and unused ballot cards returned. The original copy of said ballot return shall be deposited in a metal or durable plastic transfer box, along with all voted and spoiled ballots. The transfer box shall then be sealed in such a way as to prevent tampering with the box or its contents. The clerk shall provide such a numbered seal. The duplicate copy of said ballot return shall be mailed at the nearest post office or post box to the clerk by a judge other than the one who delivers the transfer box to the counting center. One judge shall deliver the sealed transfer box to the counting center or other place designated by the clerk. Source: L. 75: Entire title R&RE, p. 1056, § 1, effective July 1. 31-10-810. Electronic vote counting - test. (1) The clerk shall have the electronic ballot counting equipment tested in the manner prescribed in this section to ascertain that it will accurately count the votes cast for all offices and all measures. The electronic equipment shall be tested at least three times, once on the day before the election, again just prior to the start of the count on election day, and finally at the conclusion of the counting. The clerk may make any additional tests he deems necessary. (2) The clerk shall vote and retain at least one hundred test ballots, and shall observe the tabulation of all test ballots by means of the electronic counting equipment, and shall compare such tabulation with the previously retained records of the test vote count. The cause of any discrepancies shall be corrected prior to the actual vote tabulation. (3) All test materials, when not in use, shall be kept in a metal box, and the clerk shall be the custodian of the box. Colorado Revised Statutes 2019 Page 94 of 587 Uncertified Printout (4) After the final conclusion of the counting, all programs, test materials, and ballots shall be sealed and retained as provided for paper ballots. Source: L. 75: Entire title R&RE, p. 1057, § 1, effective July 1. 31-10-811. Electronic vote counting - procedure. (1) All proceedings at the counting center shall be under the direction of the clerk and shall be conducted under the observation of watchers, so far as practicable, in accordance with the provisions of part 6 of this article; but no persons except those authorized for the purpose shall touch any ballot or ballot card or return. All persons who are engaged in the processing and counting of the ballots shall be deputized in writing and take an oath that they will faithfully perform their assigned duties. If any ballot is damaged or defective so that it cannot properly be counted by the electronic vote counting equipment, a true duplicate copy shall be made of the damaged ballot in the presence of two witnesses. The duplicate ballot shall be substituted for the damaged ballot. All duplicate ballots shall be clearly labeled as such and shall bear a serial number which shall be recorded on the damaged ballot. (2) The return printed by the electronic vote tabulating equipment, to which have been added write-in votes, shall constitute, when certified by the clerk, the official return of each precinct. The clerk may from time to time release unofficial returns. Upon completion of the count, the official returns shall be open to the public. (3) Absentee ballots shall be counted at the counting center in the same manner as precinct ballots. Write-in ballots may be counted in their precincts by the precinct judges of election or at the counting center, but, before any write-in vote is counted, it shall be compared with votes cast for the same office on the ballot card to ascertain whether the write-in vote is valid. If the voter has cast more votes for the office than he is lawfully entitled to vote, the word "void" shall be written across the write-in vote, and it shall not be counted. Votes cast for a nominated candidate whose name appears on the ballot shall not be voided because of an invalid write-in vote for the same office. (4) If for any reason it becomes impracticable to count all or a part of the ballots with electronic vote tabulating equipment, the clerk may direct that they be counted manually, following as far as practicable the provisions governing the counting of paper ballots. (5) The receiving, opening, and preservation of the transfer boxes and their contents shall be the responsibility of the clerk, who shall provide adequate personnel and facilities to assure accurate and complete election results. Any indication of tampering with the ballots or ballot cards or other fraudulent action shall be immediately reported to the municipal attorney who shall immediately investigate such action and report in writing within ten days his findings to the clerk and shall prosecute to the full extent of the law any person responsible for such fraudulent action. The conduct of municipal elections when electronic voting systems are used shall follow, as nearly as practicable, the conduct of general and primary elections when such systems are used. Source: L. 75: Entire title R&RE, p. 1057, § 1, effective July 1. 31-10-812. Election laws apply - separate absentee ballots permitted. All of the provisions of this article not inconsistent with the provisions of this part 8 shall apply to all Colorado Revised Statutes 2019 Page 95 of 587 Uncertified Printout elections held in precincts where an electronic voting system is used. Nothing in this part 8 shall prohibit the use of a separate paper ballot by absentee voters or for charter amendments where such is required. Source: L. 75: Entire title R&RE, p. 1058, § 1, effective July 1. PART 9 PAPER BALLOTS 31-10-901. Ballot boxes. The governing body of each municipality using paper ballots shall provide one ballot box for each polling place. Each ballot box shall be strongly constructed so as to prevent tampering, with a small opening at the top thereof and with a lid to be locked. The ballot boxes and keys shall be kept by the clerk and delivered to the judges of election within one day immediately preceding any municipal election, to be returned as provided in section 31-10-614. Nothing in this section shall prevent the governing body from obtaining ballot boxes from the office of the county clerk and recorder. Source: L. 75: Entire title R&RE, p. 1058, § 1, effective July 1. L. 81: Entire section amended, p. 1505, § 26, effective July 1. Editor's note: This section is similar to former § 31-10-507 as it existed prior to 1975. 31-10-902. Ballots. (1) The clerk of each municipality using paper ballots shall provide printed ballots for every municipal election. The official ballots shall be printed and in the possession of the clerk at least ten days before the election. In addition, sample ballots shall be printed and in the possession of the clerk ten days before the election and shall be subject to public inspection. The sample ballots shall be printed in the form of the official ballots but upon paper of a different color from the official ballots. Sample ballots shall be delivered to the judges of election and posted with the cards of instruction provided in section 31-10-906. (2) Every ballot shall contain the names of all duly nominated candidates for offices to be voted for at that election, except those who have died or withdrawn, and the ballot shall contain no other names. The names of the candidates for each office shall be printed upon the ballot without political party designation and without any title or degree designating the business or profession of the candidate. The names shall be arranged by lot as prescribed by the municipal clerk under the designation of the office. (3) (a) The ballots shall be printed to give each voter a clear opportunity to designate his choice of candidates by a cross mark (X) in the square at the right of the name. On the ballot may be printed such words as will aid the voter, such as "vote for not more than one". (b) At the end of the list of candidates for each different office shall be as many blank spaces as there are persons to be elected to such office in which the voter may write the name of any eligible person not printed on the ballot for whom he desires to vote as a candidate for such office; but no cross mark (X) shall be required at the right of the name so written in. (c) When the approval of any question is submitted at a municipal election, such question shall be printed upon the ballot after the lists of candidates for all offices. The ballots Colorado Revised Statutes 2019 Page 96 of 587 Uncertified Printout shall be printed to give each voter a clear opportunity to designate his answer by a cross mark (X) in the appropriate square at the right of the question. (4) The extreme top part of each ballot shall be divided by two perforated lines into two spaces, each of which shall be not less than an inch in width, the top portion being known as the stub and the next portion as the duplicate stub. Upon each of said stubs nothing shall be printed except the number of the ballot, and the same number shall be printed upon both stubs. Stubs and duplicate stubs of ballots shall both be numbered consecutively. All ballots shall be uniform and of sufficient length and width to allow for the names of candidates and the proposed questions to be printed in clear, plain type with a space of at least one-half inch between the different columns on said ballot. On the back of each ballot shall be printed the endorsement "Official ballot for....", and after the word "for" shall follow the designation of the precinct, ward, and municipality for which the ballot is prepared, the date of the election, and a facsimile of the signature of the clerk who has caused the ballot to be printed. The ballot shall contain no caption or other endorsement or number. Each clerk shall use precisely the same quality and tint of paper, the same kind of type, and the same quality and tint of plain black ink for all ballots furnished by him at one election. When candidates are to be voted for only by the registered electors of a particular ward, the names of such candidates shall not be printed on any other ballots than those provided for use in such ward. The ballots shall be of such form that when folded the whole endorsement is visible and the contents of the ballot are not exposed. Source: L. 75: Entire title R&RE, p. 1058, § 1, effective July 1. L. 93: (2) amended, p. 1710, § 9, effective July 1. Editor's note: This section is similar to former § 31-10-508 as it existed prior to 1975. 31-10-903. Ballots changed if candidate dies or withdraws. If any person duly nominated dies before the day fixed for the election and the fact of such death becomes known to the clerk or withdraws by filing an affidavit of withdrawal with the clerk before the date fixed for election, the name of the deceased or withdrawn candidate shall not be printed upon the ballots for the election. If the ballots are already printed, the name of the deceased candidate or withdrawn candidate shall be erased or cancelled, if possible, before the ballots are delivered to the voters. Source: L. 75: Entire title R&RE, p. 1059, § 1, effective July 1. L. 91: Entire section amended, p. 756, § 27, effective April 4. L. 92: Entire section amended, p. 2178, § 41, effective June 2. Editor's note: This section is similar to former § 31-10-509 as it existed prior to 1975. 31-10-904. Printing and distribution of ballots. In municipalities using paper ballots, the clerk shall cause to be printed and distributed to the election judges in the respective precincts a sufficient number of ballots. The ballots shall be sent in one or more sealed packages for each precinct with marks on the outside of each clearly stating the precinct and polling place for which it is intended, together with the number of ballots enclosed. Such packages shall be delivered to one of the judges of election of such precinct between the close of business on the Colorado Revised Statutes 2019 Page 97 of 587 Uncertified Printout Friday preceding election day or during any earlier day in which a judges' school of instruction is held, and 8 p.m. on the Monday before election day. A receipt for the ballots thus delivered shall be given by the election judge who receives them. The receipt shall be filed with the clerk, who shall also keep a record of the time when and the manner in which each of said packages was sent and delivered. The election judge receiving such package shall produce the same, with the seal unbroken, in the proper polling place at the opening of the polls on election day and, in the presence of all election judges for the precinct, shall open the package. Source: L. 75: Entire title R&RE, p. 1060, § 1, effective July 1. L. 81: Entire section amended, p. 1506, § 27, effective July 1. Editor's note: This section is similar to former § 31-10-510 as it existed prior to 1975. 31-10-905. Substitute ballots. If the ballots to be furnished to any election judge are not delivered by 8 p.m. on the Monday before election day or if after delivery they are destroyed or stolen, the clerk shall cause other ballots to be prepared, as nearly in the form prescribed as practicable, with the word "substitute" printed in brackets immediately under the facsimile signature of the clerk. Upon receipt of ballots thus prepared, accompanied by a written and sworn statement of the clerk that the same have been so prepared and furnished by him and that the original ballots have so failed to be received or have been destroyed or stolen, the election judges shall cause the ballots so substituted to be used at the election. If from any cause none of the official ballots or substitute ballots prepared by the clerk are ready for distribution at any polling place or if the supply of ballots is exhausted before the polls are closed, unofficial ballots, printed or written, made as nearly as possible in the form of the official ballots, may be used until substitutes prepared by the clerk are printed and delivered. Source: L. 75: Entire title R&RE, p. 1060, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-511 as it existed prior to 1975. 31-10-906. Cards of instruction. (1) The clerk shall furnish to the judges of election of each precinct a sufficient number of instruction cards for the guidance of voters in preparing their ballots. The election judges shall post at least one card in each polling place upon the day of the election. Such cards shall be printed in large, clear type and shall contain full instructions to the voter as to what should be done: (a) To obtain ballots for voting; (b) To prepare the ballot for deposit in the ballot box; (c) To obtain a new ballot in the place of one spoiled by accident or mistake; and (d) To obtain assistance in marking ballots. Source: L. 75: Entire title R&RE, p. 1060, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-512 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 98 of 587 Uncertified Printout 31-10-907. Definitions. As used in sections 31-10-908 to 31-10-913, unless the context otherwise requires: (1) "Eligible elector" means a person who is a registered elector, as defined in section 31-1-101 (9). (2) "Mail ballot election" means an election for which eligible electors may cast ballots by mail and in accordance with this part 9. (3) "Mail ballot packet" means the packet of information provided by the clerk to eligible electors in a mail ballot election. The packet includes the ballot, instructions for completing the ballot, a secrecy envelope, and a return envelope. (4) "Return envelope" means an envelope that is printed with spaces for the name and address of, and a self-affirmation to be signed by, an eligible elector voting in a mail ballot election, that contains a secrecy envelope and ballot, and that is designed to allow election officials, upon examining the signature, name, and address on the outside of the envelope, to determine whether the enclosed ballot is being submitted by an eligible elector who has not previously voted in that particular election. (5) "Secrecy envelope" means the envelope or sleeve used for a mail ballot election that contains the eligible elector's ballot for the election and that is designed to conceal and maintain the confidentiality of the elector's vote until the counting of votes for that particular election. Source: L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 61, § 20, effective February 18. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-908. Mail ballot elections - preelection process. (1) If the governing body of a municipality determines that an election is to be conducted by mail ballot, the clerk shall supervise the distributing, handling, counting of ballots, and the survey of returns and shall take all necessary steps to protect the confidentiality of the ballots cast and the integrity of the election. (2) Official ballots must be prepared and all other preelection procedures followed as otherwise provided by this article; except that mail ballot packets must be prepared in accordance with this part 9. Source: L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 62, § 20, effective February 18. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-909. Nomination of candidates in mail ballot elections. (1) Any person who desires to be a candidate for a municipal office in a mail ballot election conducted pursuant to this part 9 after May 1, 2014, shall comply with the nominating procedures set forth in this article; except that: Colorado Revised Statutes 2019 Page 99 of 587 Uncertified Printout (a) Any nominating petition in a mail ballot election may be circulated and signed beginning on the ninety-first day prior to the election and must be filed with the municipal clerk no later than the close of business on the seventy-first day prior to the election. The petition may be amended to correct or replace signatures that the clerk finds are not in apparent conformity with the requirements of this article by filing such changes by no later than the close of business on the sixty-sixth day before the election. (b) A withdrawal from nomination must proceed as set forth in section 31-10-303; except that the withdrawal affidavit must be filed by the close of business on the sixty-third day prior to the election. (c) Repealed. Source: L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 62, § 20, effective February 18. L. 2018: (1)(c) repealed, (SB 18-107), ch. 104, p. 789, § 4, effective August 8. Cross references: (1) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. (2) For the legislative declaration in SB 18-107, see section 1 of chapter 104, Session Laws of Colorado 2018. 31-10-910. Procedures for conducting mail ballot election. (1) (a) No later than thirty days prior to election day, the county clerk and recorder shall submit to the clerk conducting the mail ballot election a complete preliminary list of registered electors. (b) No later than twenty days prior to election day, the county clerk and recorder shall submit to the clerk a supplemental list of the names of eligible electors who registered to vote on or before twenty-two days before the election whose names were not included on the preliminary list. (c) All lists of registered electors provided to a clerk under this section must include the last mailing address of each elector. (2) (a) Not sooner than twenty-two days before an election, and no later than fifteen days before an election, the clerk shall mail to each active eligible elector, at the last mailing address appearing in the registration records and in accordance with United States postal service regulations, a mail ballot packet marked "Do not forward. Address correction requested.", or any other similar statement that is in accordance with United States postal service regulations. (b) A ballot or ballot label must contain the following warning: WARNING: Any person who, by use of force or other means, unduly influences an eligible elector to vote in any particular manner or to refrain from voting, or who falsely makes, alters, forges, or counterfeits any mail ballot before or after it has been cast, or who destroys, defaces, mutilates, or tampers with a ballot is subject, upon conviction, to imprisonment, or to a fine, or both. (c) (I) A return envelope must have printed on it a self-affirmation substantially in the following form: State of .... Municipality of ...., County of .... Colorado Revised Statutes 2019 Page 100 of 587 Uncertified Printout I, ...., affirm and say that I am a qualified and registered elector in the municipality of .... and state of Colorado; that my residential address is ....; and that I herein enclose my ballot in accordance with the provisions of the "Colorado Municipal Election Code of 1965". I realize that if any false statements are contained herein that I shall be subject to prosecution for criminal action. ............................................................ DateSignature of voter (II) The signing of the self-affirmation on the return envelope described in subparagraph (I) of this paragraph (c) constitutes an affirmation by the eligible elector, under penalty of perjury, that the facts stated in the self-affirmation are true. If the eligible elector is unable to sign, the eligible elector may affirm by making a mark on the self-affirmation, with or without assistance, witnessed by another person. (III) A return envelope is not required to have a flap covering the signature. (d) No sooner than twenty-two days prior to election day, and until 7 p.m. on election day, mail ballots must be made available at the clerk's office for eligible electors who request a ballot. (e) (I) An eligible elector may obtain a replacement ballot if the ballot was destroyed, spoiled, lost, or for some other reason not received by the eligible elector. An eligible elector may obtain a ballot if a mail ballot packet was not sent to the elector because the eligibility of the elector could not be determined at the time the mail ballot packets were mailed. In order to obtain a ballot in such cases, the eligible elector must sign a sworn statement specifying the reason for requesting the ballot. The statement must be presented to the clerk no later than 7 p.m. on election day. The clerk shall keep a record of each ballot issued in accordance with this paragraph (e) together with a list of each ballot obtained pursuant to paragraph (d) of this subsection (2). (II) The clerk shall not transmit a mail ballot packet under this paragraph (e) unless a sworn statement requesting the ballot is received on or before election day. A ballot may be transmitted directly to the eligible elector requesting the ballot at the clerk's office or may be mailed to the eligible elector at the address provided in the sworn statement. Ballots may be cast no later than 7 p.m. on election day. (3) (a) Upon receipt of a ballot, the eligible elector shall mark the ballot, sign and complete the self-affirmation on the return envelope, and comply with the instructions provided with the ballot. (b) The eligible elector may return the marked ballot to the clerk by United States mail or by depositing the ballot at the office of the clerk or any place designated as a depository by the clerk. The ballot must be returned in the return envelope. If an eligible elector returns the ballot by mail, the elector must provide postage. The ballot must be received at the clerk's office or a designated depository, which must remain open until 7 p.m. on election day. The depository must be designated by the clerk and located in a secure place under the supervision of the clerk, an election judge, or another person designated by the clerk. (4) Once the ballot is returned, an election judge shall first qualify the submitted ballot by comparing the information on the return envelope with the registration records to determine whether the ballot was submitted by an eligible elector who has not previously voted in the Colorado Revised Statutes 2019 Page 101 of 587 Uncertified Printout election. If the ballot so qualifies and is otherwise valid, the election judge shall indicate in the pollbook that the eligible elector cast a ballot and deposit the ballot in an official ballot box. (4.5) The signature of the eligible elector on the self-affirmation on the return envelope must be compared with the signature of the eligible elector on file in the statewide voter registration system, created in section 1-2-301, C.R.S., in accordance with section 31-10-910.3. (5) All deposited ballots must be counted as provided in this article. A mail ballot is valid and counted only if it is returned in the return envelope, the self-affirmation on the return envelope is signed and completed by the eligible elector to whom the ballot was issued, and the information on the return envelope is verified in accordance with subsection (4) of this section. Mail ballots must be counted in the same manner provided by section 31-10-610 for counting paper ballots or section 31-10-811 for counting electronic ballots. If the election official determines that an eligible elector to whom a replacement ballot has been issued has voted more than once, the first ballot returned by the elector is considered the elector's official ballot. Rejected ballots are handled in the same manner as provided in section 31-10-612. Source: L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 63, § 20, effective February 18. L. 2016: (4.5) added, (HB 16-1070), ch. 130, p. 373, § 3, effective August 10. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-910.3. Verification of signatures - signature verification devices - procedures - training - definitions. (1) (a) In every mail ballot election conducted after March 30, 2018, an election judge shall, except as provided in paragraph (b) of this subsection (1), compare the signature on the self-affirmation on each return envelope with the signature of the eligible elector stored in the statewide voter registration system in accordance with this section. (b) A clerk may allow an election judge to use a signature verification device to compare the signature on the self-affirmation on a return envelope of an eligible elector's ballot with the signature of the elector stored in the statewide voter registration system in accordance with this section. (2) (a) The election judges must compare the signature on the self-affirmation on each return envelope with the signature provided by the secretary of state pursuant to section 1-2-301, C.R.S. The election judges must research the signature further if there is: (I) An obvious change in the signature's slant; (II) A printed signature on one document and a cursive signature on the other document; (III) A difference in the signature's size or scale; (IV) A difference in the signature's individual characteristics, such as how the "t's" are crossed, "i's" are dotted, or loops are made on "y's" or "j's"; (V) A difference in the elector's signature style, such as how the letters are connected at the top and bottom; (VI) Evidence that ballots or envelopes from the same household have been switched; or (VII) Any other noticeable discrepancy such as misspelled names. (b) (I) If an election judge must conduct further research on an elector's signature, he or she must check the additional signatures provided by the secretary of state pursuant to section 12-301, C.R.S., if available. Colorado Revised Statutes 2019 Page 102 of 587 Uncertified Printout (II) An election judge may compare additional information written by the elector on the return envelope, such as the elector's address and date of signing. Any similarities noted when comparing other information may be used as part of the signature verification decision process. (III) If an election judge determines that an elector inadvertently returned his or her ballot in another household member's ballot return envelope, the election judge must process and prepare the ballot of the elector who signed the self-affirmation for counting if it is otherwise valid. The election judge need not send a signature verification discrepancy letter to the elector. (c) If the election judges dispute the signature, they must document the discrepancy and the research steps taken in a log that identifies the elector only by name and elector identification number, does not contain the elector's signature, notes the final resolution and ballot disposition, and identifies the election judges responsible for the final resolution and ballot disposition. (3) (a) If the election judge determines that the signature of an eligible elector on the self-affirmation matches the elector's signature stored in the statewide voter registration system, the election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots. (b) If a signature verification device used pursuant to paragraph (b) of subsection (1) of this section determines that the signature on the self-affirmation on a return envelope of an eligible elector's ballot matches the signature of the elector stored in the statewide voter registration system, the signature on the self-affirmation is deemed verified, and the election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots. (4) If, upon comparing the signature of an eligible elector on the self-affirmation on the return envelope with the signature of the eligible elector stored in the statewide voter registration system, the election judge determines that the signatures do not match, or if a signature verification device used pursuant to paragraph (b) of subsection (1) of this section is unable to determine that the signatures match, two other election judges shall simultaneously compare the signatures and proceed according to subsection (5) of this section. (5) (a) If the two other election judges specified in subsection (4) of this section agree that the signature of an eligible elector on the self-affirmation matches the elector's signature stored in the statewide voter registration system, the initial election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots. (b) In the case of a disagreement between the two other election judges as to whether the signature of an eligible elector on the self-affirmation on the return envelope matches the signature of the eligible elector stored in the statewide voter registration system pursuant to the procedures specified in subsection (4) of this section, the signatures are deemed to match, and the initial election judge shall follow the procedures specified in section 31-10-910 (5) concerning the qualification and counting of mail ballots. (c) (I) If both other election judges agree that the signatures do not match, the clerk shall, within three days after the signature deficiency has been confirmed, but in no event later than two days after election day, send to the eligible elector at the address indicated in the registration records a letter explaining the discrepancy in signatures and a form for the eligible elector to confirm that the elector returned a ballot to the clerk. Colorado Revised Statutes 2019 Page 103 of 587 Uncertified Printout (II) (A) If the clerk receives the form within eight days after election day confirming that the elector returned a ballot to the clerk, and if the ballot is otherwise valid, the ballot must be counted. (B) If the eligible elector returns the form indicating that the elector did not return a ballot to the clerk, or if the eligible elector does not return the form within eight days after election day, the self-affirmation on the return envelope must be categorized as incorrect, and the ballot shall not be counted. An original return envelope with an enclosed secrecy envelope containing a voted ballot that is not counted in accordance with this sub-subparagraph (B) must be stored in the office of the clerk in a secure location separate from valid return envelopes and may be removed only by order of a court having jurisdiction. (6) An election judge shall not determine that the signature of an eligible elector on the self-affirmation does not match the signature of that eligible elector stored in the statewide voter registration system solely on the basis of substitution of initials or use of a common nickname. (7) The clerk shall provide training in the techniques and standards of signature comparison to election judges who compare signatures pursuant to this section. (8) As used in this section, "statewide voter registration system" means the statewide voter registration system created pursuant to section 1-2-301, C.R.S. Source: L. 2016: Entire section added, (HB 16-1070), ch. 130, p. 370, § 1, effective August 10. 31-10-911. Counting mail ballots. The election officials at the mail ballot counting center may receive and prepare mail ballots delivered and turned over to them by the clerk for counting. Counting of the mail ballots may begin fifteen days prior to the election and continue until counting is completed. The election official in charge of the mail ballot counting center shall take all precautions necessary to ensure the secrecy of the counting procedures, and the election officials or watchers shall not release any information concerning the count until after 7 p.m. on election day. Source: L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 65, § 20, effective February 18. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-912. Write-in candidate affidavit in mail ballot elections. No write-in vote for any office shall be counted unless an affidavit of intent to be a write-in candidate has been filed with the clerk by the person wishing to be a write-in candidate not later than sixty-four days before the day of the election. The affidavit of intent must indicate the office to which the affiant desires election and that the affiant is qualified to assume the office if elected. Source: L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 65, § 20, effective February 18. Colorado Revised Statutes 2019 Page 104 of 587 Uncertified Printout Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-913. Challenges. Any mail ballot election held pursuant to this part 9 shall not be invalidated on the grounds that an eligible elector did not receive a ballot so long as the clerk acted in good faith in complying with the provisions of this part 9. Source: L. 2014: Entire section added, (HB 14-1164), ch. 2, p. 65, § 20, effective February 18. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. PART 10 ABSENTEE VOTING 31-10-1001. When absent electors may vote. Any registered elector of a municipality may cast a ballot at the election in the manner provided in sections 31-10-1001 to 31-10-1007. Source: L. 75: Entire title R&RE, p. 1060, § 1, effective July 1. L. 87: Entire section amended, p. 329, § 88, effective July 1. L. 93: Entire section amended, p. 1669, § 85, effective July 1; entire section amended, p. 1710, § 10, effective July 1. Editor's note: (1) This section is similar to former § 31-10-801 as it existed prior to 1975. (2) This section was amended in Senate Bill 93-242. Those amendments were superseded by the amendment of the section in House Bill 93-1063. 31-10-1002. Application for absentee voter's ballot - permanent absentee voter status - ballot delivery - list of absentee voters. (1) Requests for an application for an absentee voter's ballot may be made orally or in writing. Applications for absentee voters' ballots shall be filed in writing and personally signed by the applicant or a family member related by blood, marriage, civil union, or adoption to the applicant. If the applicant is unable to sign the application, the applicant shall make such applicant's mark on the application, which shall be witnessed by another person. The application shall be filed with the clerk not earlier than ninety days before and not later than the close of business on the Friday immediately preceding such regular or special election. The application may be in the form of a letter. (2) Upon receipt of an application for an absentee voter's ballot within the proper time, the clerk receiving it shall examine the records of the county clerk and recorder to ascertain whether or not the applicant is registered and lawfully entitled to vote as requested, and, if found to be so, the clerk shall deliver, as soon as practicable, but not more than seventy-two hours after the ballots have been received, to the applicant personally in the clerk's office or by mail to the mailing address given in the application for an official absentee voter's ballot, an identification Colorado Revised Statutes 2019 Page 105 of 587 Uncertified Printout return envelope with the affidavit thereon properly filled in as to precinct and residence address as shown by the records of the county clerk and recorder, and an instruction card. (2.3) The clerk shall keep a list of names of eligible electors who have applied for absentee ballots and, if applicable, of permanent absentee voters pursuant to subsection (2.5) of this section, with the date on which each application was made, the date on which the absentee voter's ballot was sent, and the date on which each absentee voter's ballot was returned. If an absentee voter's ballot is not returned, or if it is rejected and not counted, that fact will be noted on the list. The list is open to public inspection under proper regulations. (2.5) (a) The clerk may permit an eligible elector to request permanent absentee voter status. (b) Upon receipt of an application for permanent absentee voter status, the clerk shall process the application in the same manner as an application for an absentee voter's ballot. If the clerk determines that the applicant is an eligible elector, the clerk shall place the eligible elector's name on the list maintained by the municipality pursuant to subsection (2.3) of this section of those eligible electors to whom an absentee voter's ballot is mailed every time there is a polling place election conducted by the municipality from which the eligible elector has requested permanent absentee voter status. (c) (I) An eligible elector whose name appears on the list maintained pursuant to subsection (2.3) of this section as a permanent absentee voter must remain on the list and must be mailed an absentee voter's ballot for each polling place election conducted by the municipality. (II) An eligible elector must be deleted from the permanent absentee voter list if: (A) The eligible elector notifies the clerk that he or she no longer wishes to vote by absentee voter's ballot; or (B) The absentee voter's ballot sent to the eligible elector is returned to the clerk as undeliverable; or (C) The person is no longer eligible to vote in the political subdivision. (3) Before any absentee voter's ballot is delivered or mailed or before any registered elector is permitted to cast his or her vote on a voting machine, the clerk shall record such elector's name, the precinct number, and the number appearing on the stub of the ballot, together with the date the ballot is delivered or mailed. This information must be recorded on the registration record or registration list before the registration book or list is delivered to the judges of election. A separate list of the registered electors who have received absentee voters' ballots must be delivered to the judges of election in the precinct designated for counting absentee voters' ballots, or, if the clerk elects to deliver absentee voters' envelopes received from electors of each precinct to the judges of election of such precinct, as provided by section 31-10-1006, a separate list of the registered electors of each precinct who have received absentee voters' ballots must be delivered to the judges of election of each such precinct. (4) (Deleted by amendment, L. 91, p. 640, 87, effective May 1, 1991.) Source: L. 75: Entire title R&RE, p. 1061, § 1, effective July 1. L. 77: (1) amended, p. 233, § 7, effective June 19. L. 79: (2) and (3) amended, p. 1179, § 22, effective July 1. L. 87: (1) amended and (4) added, p. 329, § 89, effective July 1. L. 91: (3) and (4) amended, p. 640, § 87, effective May 1. L. 93: (1) amended, p. 1670, § 86, effective July 1; (1) and (2) amended, p. 1710, § 11, effective July 1. L. 2000: (1) amended, p. 797, § 18, effective August 2. L. 2009: Colorado Revised Statutes 2019 Page 106 of 587 Uncertified Printout (2.5) added, (HB 09-1216), ch. 165, p. 730, § 8, effective August 5. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 65, § 21, effective February 18. Editor's note: (1) This section is similar to former § 31-10-802 as it existed prior to 1975. (2) Subsection (1) was amended in Senate Bill 93-242. Those amendments were superseded by the amendment of the section in House Bill 93-1063. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-1003. Self-affirmation on return envelope. (1) The return envelope shall have printed on its face a self-affirmation substantially in the following form: "State of .... Municipality of ...., County of .... I, ...., affirm and say that I am a qualified and registered elector in the municipality of .... and state of Colorado; that my residence and post-office address is ....; and that I herein enclose my ballot in accordance with the provisions of the "Colorado Municipal Election Code of 1965". I realize that if any false statements are contained herein that I shall be subject to prosecution for criminal action. ............................................................ Signature of voter" (2) (Deleted by amendment, L. 91, p. 641, § 88, effective May 1, 1991.) Source: L. 75: Entire title R&RE, p. 1061, § 1, effective July 1. L. 87: Entire section amended, p. 330, § 90, effective July 1. L. 91: Entire section amended, p. 641, § 88, effective May 1. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 67, § 22, effective February 18. Editor's note: This section is similar to former § 31-10-803 as it existed prior to 1975. Cross references: (1) For the "Colorado Municipal Election Code of 1965", see article 10 of this title. (2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-1004. Manner of absentee voting by paper ballot. (1) Any registered elector applying for and receiving an absent voter's ballot, in casting the ballot, shall make and subscribe to the self-affirmation on the return identification envelope. The voter shall then mark the ballot. The voter shall fold the ballot so as to conceal the marking, deposit it in the return envelope, and seal the envelope securely. The envelope may be delivered personally or mailed by the voter to the clerk issuing the ballot. It is permissible for a voter to deliver the ballot to any person of the voter's own choice or to any duly authorized agent of the clerk for mailing or personal delivery Colorado Revised Statutes 2019 Page 107 of 587 Uncertified Printout to the clerk. All envelopes containing absent voters' ballots shall be in the hands of the clerk not later than the hour of 7 p.m. on the day of election. (1.5) (Deleted by amendment, L. 91, p. 641, § 89, effective May 1, 1991.) (2) Upon receipt of an absent voter's ballot, the clerk shall write or stamp upon the envelope containing the same the date and hour such envelope was received in his office and, if the ballot was delivered in person, the name and address of the person delivering the same. He shall safely keep and preserve all absent voters' ballots unopened until the time prescribed for delivery to the judges, as provided in section 31-10-1006. Source: L. 75: Entire title R&RE, p. 1062, § 1, effective July 1. L. 79: (2) amended, p. 1180, § 23, effective July 1. L. 87: (1) amended and (1.5) added, p. 330, § 91, effective July 1. L. 91: (1) and (1.5) amended, p. 641, § 89, effective May 1. L. 93: (1) amended, p. 1711, § 12, effective July 1. Editor's note: This section is similar to former § 31-10-804 as it existed prior to 1975. 31-10-1005. Absent voters' voting machines - electronic voting systems. (1) Any municipality using voting machines may provide one or more voting machines in the clerk's office for the use of qualified applicants for absent voters' ballots. If such machines are provided, they shall be available from twelve days prior to the election until the closing of business on the Friday immediately preceding the election. Votes on such machines shall be cast and counted in the same manner as votes would be cast and counted on a voting machine in a precinct polling place on election day. The clerk shall supervise the casting and counting of absent voters' ballots on the machines. The machines shall remain locked and the tabulation of the votes cast shall remain unknown until the day of the election. (2) Any municipality using an electronic voting system may provide such system for the use of qualified applicants for absent voters' ballots. Such system shall be available from twelve days prior to the election until the closing day of business on the Friday immediately preceding the election. Votes cast using such system shall be cast in the same manner as votes would be cast in a precinct polling place on election day. The clerk shall supervise the casting and counting of absent voters' ballots using such system. Source: L. 75: Entire title R&RE, p. 1062, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-805 as it existed prior to 1975. 31-10-1006. Delivery to judges. Not later than 8:30 a.m. on the day of any municipal election, the clerk shall deliver to the judges of one of the precincts of the municipality, which precinct shall be selected by the clerk, all the absent voters' envelopes received up to that time, in sealed packages, taking a receipt for the packages, together with the list of absent voters, or, in the clerk's discretion, the clerk may elect to deliver the absent voters' envelopes received from electors of each precinct and the list of absent voters for each precinct to the judges of the precinct. The clerk shall continue to deliver any envelopes which may be received thereafter during said day up to and including 7 p.m. On the sealed packages shall be printed or written, "This package contains ....(number) absent voters' ballots." With the envelopes the clerk shall Colorado Revised Statutes 2019 Page 108 of 587 Uncertified Printout deliver to one of the election judges written instructions, which shall be followed by the judges of election in casting and counting the ballots, and all the books, records, and supplies as are needed for tabulating, recording, and certifying said absent voters' ballots. Source: L. 75: Entire title R&RE, p. 1062, § 1, effective July 1. L. 79: Entire section amended, p. 1180, § 24, effective July 1. L. 93: Entire section amended, p. 1711, § 13, effective July 1. Editor's note: This section is similar to former § 31-10-806 as it existed prior to 1975. 31-10-1007. Casting and counting absentee ballots. (1) If the self-affirmation on the envelope containing the absentee voter's ballot is properly sworn to, one of the judges shall open such voter's identification envelope in the presence of a majority of the judges, and, after announcing in an audible voice the name of such absentee voter, he or she shall tear open such envelope without defacing the self-affirmation printed thereon or mutilating the enclosed ballot. Such ballot must then be cast and counted in the same manner as if such absentee voter had been present in person; except that one of the judges shall deposit the ballot in the ballot box without unfolding it. If the absentee voters' ballots are delivered to the judges of one precinct selected by the clerk as provided by section 31-10-1006, the absentee vote must be certified separately from the vote of the precinct where it is counted. (2) (Deleted by amendment, L. 91, p. 642, § 90, effective May 1, 1991.) Source: L. 75: Entire title R&RE, p. 1063, § 1, effective July 1. L. 79: Entire section amended, p. 1180, § 25, effective July 1. L. 87: Entire section amended, p. 331, § 92, effective July 1. L. 91: Entire section amended, p. 642, § 90, effective May 1. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 67, § 23, effective February 18. Editor's note: This section is similar to former § 31-10-807 as it existed prior to 1975. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-1008. Challenge of absentee ballots - rejection - record. (1) The vote of any absentee voter may be challenged in the same manner as other votes are challenged, and the judges of election shall have power to determine the legality of such ballot. If the challenge is sustained or if the judges determine that the self-affirmation accompanying the absentee voter's ballot is insufficient or that the voter is not a registered elector, the envelope containing the ballot of such voter shall not be opened, and the judges shall endorse on the back of the envelope the reason therefor. When it is made to appear to the judges of election by sufficient proof that any absentee voter who has marked and forwarded his or her ballot has died, the envelope containing the ballot of such deceased voter shall not be opened, and the judges shall make proper notation on the back of such envelope. If an absentee voter's envelope contains more than one marked ballot of any one kind, none of such ballots shall be counted, and the judges shall make notation on the back of the ballots the reason therefor. Judges of election shall certify in Colorado Revised Statutes 2019 Page 109 of 587 Uncertified Printout their returns the number of absentee voters' ballots cast and counted and the number of such ballots rejected. (2) All absentee voters' identification envelopes, ballot stubs, and absentee voters' ballots rejected by the judges of election in accordance with the provisions of this section shall be returned to the clerk. All absentee voters' ballots received by the clerk after 7 p.m. the day of the election, together with those rejected and returned by the judges of election, as provided in this section, shall remain in the sealed identification envelopes and be destroyed later, as provided in section 31-10-616. (3) If an absentee voter's ballot is not returned or if it is rejected and not counted, such fact shall be noted on the record kept by the clerk. Such record shall be open to public inspection under proper regulations. Source: L. 75: Entire title R&RE, p. 1063, § 1, effective July 1. L. 91: (1) amended, p. 642, § 91, effective May 1. L. 93: (2) amended, p. 1711, § 14, effective July 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 68, § 24, effective February 18. Editor's note: This section is similar to former § 31-10-808 as it existed prior to 1975. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-1009. Oaths for absentee ballots. (Repealed) Source: L. 75: Entire title R&RE, p. 1063, § 1, effective July 1. L. 87: Entire section amended, p. 331, § 93, effective July 1. L. 91: Entire section repealed, p. 642, § 92, effective May 1. Editor's note: Before its repeal, this section was similar to former § 31-10-809 as it existed prior to 1975. 32-10-1010. Emergency absentee voting - definition. (1) (a) If the voter is confined in a hospital or his or her place of residence on election day because of conditions arising after the closing day for absent voters' ballot applications, the voter may request in a written statement, signed by him or her, that the clerk send him or her an absent voter's ballot with the word "EMERGENCY" stamped on the stubs thereof. The clerk shall deliver the emergency absent voter's ballot at his or her office, during the regular hours of business, to any authorized representative of the voter possessing a written statement from the voter's physician, physician assistant authorized under section 12-240-107 (6), advanced practice nurse, or practitioner that the voter will be confined in a hospital or his or her place of residence on election day. For the purposes of this subsection (1)(a), "authorized representative" means a person possessing a written statement from the voter containing the voter's signature, name, and address and requesting that the emergency absent voter's ballot be given to the authorized person as identified by name and address. The authorized person shall acknowledge receipt of the emergency ballot with his or her signature, name, and address. Colorado Revised Statutes 2019 Page 110 of 587 Uncertified Printout (b) A request for an emergency absent voter's ballot under this section shall be made before, and the ballot shall be returned to the clerk's office no later than, 7 p.m. on election day. (2) Any voter unable to go to the polls because of conditions arising after the closing day for absent voters' ballot applications which will result in his absence from the precinct on election day may apply at the office of the clerk for an emergency absent voter's ballot. Upon receipt of an affidavit signed by the voter on a form provided by the clerk and attesting to the fact that the voter will be compelled to be absent from his precinct on election day because of conditions arising after the closing day for absent voters' ballot applications, the clerk shall provide the voter with an absent voter's ballot, with the word "EMERGENCY" stamped on the stubs thereof. (3) After marking his ballot, the voter shall place it in a return envelope provided by the clerk. He shall then fill out and sign the self-affirmation on the envelope, as provided in section 31-10-1003, on or before election day and return it to the office of the clerk. Upon receipt of the envelope, the clerk shall verify the voter's name on the return envelope with that which appears on his office precinct record and, if they compare, shall deliver the envelope to the election judges, as provided in section 31-10-1006. Source: L. 79: Entire section added, p. 1181, § 26, effective July 1. L. 81: (1)(b) and (2) amended, p. 1506, § 28, effective July 1. L. 91: (3) amended, p. 643, § 93, effective May 1. L. 93: (1)(b) amended, p. 1712, § 15, effective July 1. L. 2008: (1)(a) amended, p. 135, § 28, effective January 1, 2009. L. 2016: (1)(a) amended, (SB 16-158), ch. 204, p. 729, § 23, effective August 10. L. 2019: (1)(a) amended, (HB 19-1172), ch. 136, p. 1719, § 217, effective October 1. Cross references: For the legislative declaration in SB 16-158, see section 1 of chapter 204, Session Laws of Colorado 2016. PART 11 CHALLENGE OF VOTERS 31-10-1101. No voting unless registered. Unless otherwise permitted pursuant to section 31-10-203, no person shall be permitted to vote at any regular or special election unless his or her name is found on the registration list or official registration book or unless registration in that precinct is confirmed as provided by section 31-10-606 (1). Source: L. 75: Entire title R&RE, p. 1064, § 1, effective July 1. L. 79: Entire section amended, p. 1181, § 27, effective July 1. L. 81: Entire section amended, p. 1506, § 29, effective July 1. L. 2014: Entire section amended, (HB 14-1164), ch. 2, p. 68, § 25, effective February 18. Editor's note: This section is similar to former § 31-10-901 as it existed prior to 1975. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. Colorado Revised Statutes 2019 Page 111 of 587 Uncertified Printout 31-10-1102. Right to vote may be challenged. (1) When any person whose name appears on the registration list or in the registration book makes application for a ballot, his right to vote at that poll and election may be challenged. If the person so applying is not entitled to vote, no ballot shall be delivered to him. Any person may also be challenged when he offers his ballot for deposit in the ballot box. (2) It is the duty of any judge of election to challenge any person offering to vote who he believes is not a registered elector. In addition, challenges may be made by watchers or any registered elector of the precinct who is present. Source: L. 75: Entire title R&RE, p. 1064, § 1, effective July 1. L. 81: (2) amended, p. 1506, § 30, effective July 1. Editor's note: This section is similar to former § 31-10-902 as it existed prior to 1975. 31-10-1103. Challenge to be made by written oath. Each challenge shall be made by written oath, signed by the challenger under penalty of perjury, setting forth the name of the person challenged and the basis for the challenge. The judges of election shall deliver all challenges and oaths to the clerk at the time the other election papers are returned. The clerk shall forthwith deliver all challenges and oaths to the district attorney for investigation and appropriate action. Source: L. 75: Entire title R&RE, p. 1064, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-903 as it existed prior to 1975. Cross references: For penalty for perjury under this article, see § 31-10-1506. 31-10-1104. Challenge questions asked voter. (1) If a person offering to vote is challenged as unqualified, one of the judges shall tender to him the following written oath or affirmation: "You do solemnly swear or affirm that you will fully and truly answer all such questions as are put to you touching your place of residence and qualifications as a registered elector at this election." (2) If the person is challenged as unqualified on the ground that he is not a citizen and will not exhibit his papers pertaining to his naturalization, the judges, or one of them, shall put the following questions: (a) "Are you a citizen of the United States?" (b) "Are you a native or naturalized citizen?" (c) and (d) Repealed. (3) Repealed. (4) If the person is challenged as unqualified on the ground that he or she has not resided in this state for twenty-two days immediately preceding the election, the judges, or one of them, shall put the following questions: (a) "Have you resided in this state for twenty-two days immediately preceding this election?" Colorado Revised Statutes 2019 Page 112 of 587 Uncertified Printout (b) "Have you been absent from this state within the twenty-two days immediately preceding this election, and during that time have you maintained a home or domicile elsewhere?" (c) "If so, when you left, was it for a temporary purpose with the design of returning, or did you intend to remain away?" (d) "Did you, while absent, look upon and regard this state as your home?" (e) "Did you, while absent, vote in any state or territory?" (5) If the person is challenged on the ground that he or she has not resided in the municipality, one of the judges shall question the person as to his or her residence in a manner similar to the method of questioning a person as to his or her residence in this state. (6) If the person is challenged as unqualified on the ground that he is not eighteen years of age, the judges, or one of them, shall ask the following question: "Are you eighteen years of age or over to the best of your knowledge and belief?" (7) If the person challenged answers satisfactorily all of the questions put to him, he shall sign his name on the form of the challenge after the printed questions. The judges of election shall indicate in the proper place on the form of challenge whether the challenge was withdrawn and whether the challenged voter refused to answer the questions and left the polling place without voting. Source: L. 75: Entire title R&RE, p. 1064, § 1, effective July 1. L. 79: (2)(c), (2)(d), and (3) repealed, p. 1640, § 50, effective July 19. L. 92: (4) and (5) amended, p. 2179, § 42, effective June 2. L. 94: IP(4), (4)(a), (4)(b), and (5) amended, p. 1774, § 42, effective January 1, 1995. L. 2014: (4) and (5) amended, (HB 14-1164), ch. 2, p. 68, § 26, effective February 18. Editor's note: This section is similar to former § 31-10-904 as it existed prior to 1975. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-1105. Oath of challenged voter. (1) If the challenge is not withdrawn after the person offering to vote has answered the questions put to him or her, one of the judges shall tender the following oath: "You do solemnly swear or affirm that you are a citizen of the United States of the age of eighteen years or over; that you have been a resident of this state for twenty-two days next preceding this election and have not retained a home or domicile elsewhere; that you are a resident of this municipality; that you are a registered elector of this precinct; and that you have not voted at this election." (2) After the person has taken the oath or affirmation, his ballot shall be received and the word "sworn" shall be written on the pollbook after the person's name. Source: L. 75: Entire title R&RE, p. 1065, § 1, effective July 1. L. 92: (1) amended, p. 2179, § 43, effective June 2. L. 94: (1) amended, p. 1775, § 43, effective January 1, 1995. L. 2014: (1) amended, (HB 14-1164), ch. 2, p. 69, § 27, effective February 18. Colorado Revised Statutes 2019 Page 113 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-905 as it existed prior to 1975. Cross references: For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014. 31-10-1106. Refusal to answer questions or take oath. If the challenged person refuses to answer fully any question which is put to him as provided in section 31-10-1104 or refuses to take the oath or affirmation tendered as provided in section 31-10-1105, the judges shall reject his vote. Source: L. 75: Entire title R&RE, p. 1065, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-906 as it existed prior to 1975. PART 12 CANVASS OF VOTES 31-10-1201. Returns - canvass. The returns of all municipal elections shall be made to the clerk of the municipality. The clerk shall request the assistance of the mayor of the municipality in conducting the canvass of votes. If there is no mayor or if the mayor has been a candidate at the election, the clerk shall appoint a municipal judge, a member of the election commission, or a person who is qualified to be an election judge and who did not serve as an election judge in the election as an assistant. No later than ten days after the election, the clerk, in the presence of the assistant, shall open the returns and make out abstracts of votes for each office. Source: L. 75: Entire title R&RE, p. 1065, § 1, effective July 1. L. 93: Entire section amended, p. 1712, § 16, effective July 1. L. 2015: Entire section amended, (HB 15-1130), ch. 230, p. 857, § 10, effective August 5. Editor's note: This section is similar to former § 31-10-1001 as it existed prior to 1975. Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. 31-10-1202. Imperfect returns. When the clerk and his assistant find that the returns from any precinct do not strictly conform to the requirements of law in making, certifying, and returning the same, the votes cast in such precinct nevertheless shall be canvassed and counted if such returns are sufficiently explicit to enable such persons authorized to canvass votes and returns to determine therefrom how many votes were cast for the several candidates. Source: L. 75: Entire title R&RE, p. 1066, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1002 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 114 of 587 Uncertified Printout 31-10-1203. Corrections. If, upon proceeding to canvass the votes, it clearly appears to the clerk and his assistant that in any statement produced to them certain matters are omitted which should have been inserted or that any mistakes which are merely clerical exist, they shall cause the statement to be sent to the precinct judges from whom they were received to have the same corrected. The judges of election, when so demanded, shall make such correction as the facts of the case require but shall not change or alter any decision made before by them. The clerk and his assistant may adjourn from day to day for the purpose of obtaining and receiving such statement. Source: L. 75: Entire title R&RE, p. 1066, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1003 as it existed prior to 1975. 31-10-1204. Tie - lots - notice to candidates. If any two or more candidates receive an equal and the highest number of votes for the same office and if there are not enough offices remaining for all such candidates, the clerk and his assistant shall determine by lot the person who shall be elected. Reasonable notice shall be given to such candidates of the time when such election will be so determined. Source: L. 75: Entire title R&RE, p. 1066, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1004 as it existed prior to 1975. 31-10-1205. Statement - certificates of election. (1) The clerk shall immediately make out statements from the abstract of votes which shall show the names of the candidates and the whole number of votes given to each, distinguishing the several precincts in which they were given. The clerk and his assistant shall certify such statement to be correct and subscribe their names thereto. They shall thereupon determine which persons have been by the greatest number of votes duly elected and shall endorse and subscribe on such statements a certificate of their determination. (1.5) In any election in a municipality that utilizes four-year overlapping terms of office for members of the governing body as provided in sections 31-4-107 (3) and 31-4-301 (5), any available four-year terms of office shall be awarded to the candidate or the candidates receiving the highest number of votes. The term of office of the candidate or candidates receiving the next highest vote total or totals shall be shortened as provided in sections 31-4-107 (3) and 31-4-301 (5). (2) The clerk shall record in his or her office, in a book to be kept for that purpose, each such certified statement and determination and shall, without delay, make out and transmit to each of the persons declared to be elected a certificate of election, certified by the clerk under his or her seal of office. The clerk shall also, without delay, cause a copy of the certified statement and determination to be published in a newspaper of general circulation within the municipality or posted when no newspaper is published within the municipality. The clerk shall also file a copy with the division of local government in the department of local affairs, which shall post the same on its official website in a form that is readily accessible to the public. The secretary of state shall provide a hyperlink to such posting on his or her official website. Colorado Revised Statutes 2019 Page 115 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1066, § 1, effective July 1. L. 93: (1.5) added, p. 1712, § 17, effective July 1. L. 96: (1.5) amended, p. 1769, § 66, effective July 1. L. 2016: (2) amended, (HB 16-1012), ch. 19, p. 44, § 1, effective August 10. Editor's note: This section is similar to former § 31-10-1005 as it existed prior to 1975. 31-10-1206. Fees of municipal judge. Each municipal judge appointed to assist the clerk in opening the returns of any municipal election and making abstracts of the votes cast thereat, as required in this article, shall receive for such services the sum of ten dollars for each day in which he is actually engaged therein, to be paid by the municipality in which such service is rendered. Source: L. 75: Entire title R&RE, p. 1066, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1006 as it existed prior to 1975. 31-10-1207. Recount. (1) The municipal clerk shall conduct a recount of the votes cast in any election if it appears, as evidenced by the survey of returns, that the difference between the highest number of votes cast in the election and the next highest number of votes cast in the election is less than or equal to one-half of one percent of the highest number of votes cast in the election. Any recount conducted pursuant to this subsection (1) shall be completed no later than the fifteenth day following the election and shall be paid for by the governing body. The clerk shall give notice of the recount to all candidates and, in the case of a ballot issue or question, to any petition representatives identified pursuant to sections 31-2-221 (1), 31-4-502 (1)(a)(I), and 31-11-106 (2) that are affected by the result of the election. Such notice shall be given by certified mail, by posting such notice in three public places within the municipal limits, or by other means reasonably expected to notify the affected candidates or petition representatives. Any affected candidate or petition representative is allowed to be present during and observe the recount. (2) Whenever a recount of the votes cast in an election is not required pursuant to subsection (1) of this section, any interested party, including a candidate for office or the petition representatives for a ballot issue or question, may submit to the clerk a written request for a recount at the expense of the interested party making the request. This request shall be filed with the clerk within ten days after the election. Before conducting the recount, the clerk shall give notice of the recount in accordance with the provisions of subsection (1) of this section, shall determine the cost of the recount, shall notify the interested party that requested the recount of such cost, and shall collect the cost of conducting the recount from such interested party. The interested party that requested the recount shall pay on demand the cost of the recount to the clerk. The funds paid to the clerk for the recount shall be placed in escrow for payment of all expenses incurred in the recount. If, after the recount, the result of the election is reversed in favor of the interested party that requested the recount or if the amended election count is such that a recount otherwise would have been required pursuant to subsection (1) of this section, the payment for expenses shall be refunded to the interested party who paid them. Any recount of votes conducted pursuant to this subsection (2) shall be completed no later than the fifteenth day after the election. Colorado Revised Statutes 2019 Page 116 of 587 Uncertified Printout (3) The clerk shall be responsible for conducting the recount and shall be assisted by those persons who assisted in preparing the official abstract of votes. If the person cannot participate in the recount, another person shall be appointed as provided in section 31-10-1201. The clerk may appoint additional persons qualified to be the election judges who did not serve as judges in the election as assistants in conducting the recount. Persons assisting in the conduct of the recount shall be compensated as provided in section 31-10-1206. (4) The clerk may require the production of any documentary evidence regarding the legality of any vote cast or counted and may correct the survey of returns in accordance with the clerk's findings based on the evidence presented. (5) In precincts using paper or electronic ballots, the recounts shall be of the ballots cast, and the votes shall be tallied on sheets other than those used at the election. In precincts using voting machines, the recount shall be of the votes tabulated on the voting machines, and separate tally sheets shall be used for each machine. (6) After a recount conducted pursuant to this section has been completed, the clerk shall notify the governing body of the results of the recount, shall make a certificate of election for each candidate who received the highest number of votes for an office for which a recount was conducted, and shall deliver the certificate to such candidate. Source: L. 93: Entire section added, p. 1712, § 18, effective July 1. L. 2000: (1) and (2) amended and (6) added, p. 797, § 19, effective August 2. L. 2015: (1) and (2) amended, (HB 151130), ch. 230, p. 857, § 11, effective August 5. Cross references: For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015. PART 13 CONTESTS 31-10-1301. Who may contest - causes. (1) The election of any person declared duly elected to any municipal office may be contested by any registered elector of such municipality: (a) When the contestee is not eligible for the office to which he has been declared elected; (b) When illegal votes have been received or legal votes rejected at the polls in sufficient numbers to change the results; (c) For any error or mistake on the part of any of the judges of election or the clerk and his assistant in counting or declaring the result of the election if the error or mistake would be sufficient to change the result; (d) For malconduct, fraud, or corruption on the part of the judges of election in any precinct or any clerk or his assistant if the malconduct, fraud, or corruption would be sufficient to change the result; (e) For any other cause which shows that another was the legally elected person. Source: L. 75: Entire title R&RE, p. 1067, § 1, effective July 1. L. 87: IP(1) amended, p. 331, § 94, effective July 1. Colorado Revised Statutes 2019 Page 117 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-1101 as it existed prior to 1975. 31-10-1302. District judge to preside - bond. (1) All contested election cases of municipal officers shall be tried and determined in the district court of the county in which the municipality is located. Where a municipality is located in more than one county, the district court of either county has jurisdiction. The style and form of process, the manner of service of process and papers, the fees of officers, and judgment for costs and execution thereon shall be according to the rules and practices of the district court. (2) Before the district court is required to take jurisdiction of the contest, the contestor must file with the clerk of said court a bond, with sureties, to be approved by the district judge, running to said contestee and conditioned to pay all costs in case of failure to maintain his contest. Source: L. 75: Entire title R&RE, p. 1067, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1102 as it existed prior to 1975. 31-10-1303. Filing statement - contents. The contestor shall file in the office of the clerk of the district court, within ten days after the expiration of the period within which a recount may be requested pursuant to section 31-10-1207 (2), or within ten days after the conclusion of a recount conducted pursuant to section 31-10-1207, whichever is later, a written statement of the contestor's intention to contest the election, setting forth the name of the contestor, that the contestor is a registered elector of the municipality, the name of the contestee, the office contested, the time of election, and the particular causes of the contest. The statement shall be verified by the affidavit of the contestor or some registered elector of the municipality that the causes set forth in such statement are true to the best of the affiant's knowledge and belief. Source: L. 75: Entire title R&RE, p. 1067, § 1, effective July 1. L. 87: Entire section amended, p. 332, § 95, effective July 1. L. 2000: Entire section amended, p. 799, § 20, effective August 2. Editor's note: This section is similar to former § 31-10-1103 as it existed prior to 1975. 31-10-1304. Summons - answer. (1) The clerk of the district court shall thereupon issue a summons in the ordinary form, in which the contestor shall be named as plaintiff and the contestee as defendant, stating the court in which the action is brought and a brief statement of the causes of contest, as set forth in the contestor's statement. The summons shall be served upon the contestee in the same manner as other summonses are served out of the district court of this state. (2) The contestee, within ten days after the service of such summons, shall make and file his answer to the same with the clerk of said court in which he shall either admit or specifically deny each allegation intended to be controverted by the contestee on the trial of such contest and shall set up in such answer any counterstatement which he relies upon as entitling him to the office to which he has been declared elected. Colorado Revised Statutes 2019 Page 118 of 587 Uncertified Printout (3) When the reception of illegal votes or the rejection of legal votes is alleged as the cause of the contest, a list of the number of persons who so voted or offered to vote shall be set forth in the statement of contestor and shall be likewise set forth in the answer of contestee if any such cause is alleged in his answer by way of counterstatement. (4) When the answer of the contestee contains new matter constituting a counterstatement, the contestor, within ten days after the filing of such answer, shall reply to the same, admitting or specifically denying, under oath, each allegation contained in such counterstatement intended by him to be controverted on the trial, and file the same in the office of the clerk of the district court. Source: L. 75: Entire title R&RE, p. 1067, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1104 as it existed prior to 1975. 31-10-1305. Trial and appeals. Immediately after the joining of issue, the district court shall fix a day for the trial to commence, not more than twenty days nor less than ten days after the joining of issue. Such trial shall take precedence over all other business in said court. The testimony may be oral or by depositions taken before any officer authorized to take depositions. Any depositions taken to be used upon the trial of such contest may be taken upon four days' notice thereof. The district judge shall cause the testimony to be taken in full and filed in said cause. The trial of such causes shall be conducted according to the rules and practice of the district court in other cases. Such proceedings may be reviewed and finally adjudicated by the supreme court of this state if application to such court is made by either party and if the supreme court is willing to assume jurisdiction of the case. Source: L. 75: Entire title R&RE, p. 1068, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1105 as it existed prior to 1975. 31-10-1306. Recount. If, upon the trial of any contested election under this article, the statement or counterstatement sets forth an error in canvass sufficient to change the result, the trial judge has the power to conduct a recount of the ballots cast or the votes tabulated on the voting machines in the precinct where the alleged error was made. The court may also require the production before it of such witnesses, documents, records, and other evidence as may have or may contain information regarding the legality of any vote cast or counted for either of the contesting candidates or the correct number of votes cast for either candidate and may correct the canvass in accordance with the evidence presented and its findings thereon. Source: L. 75: Entire title R&RE, p. 1068, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1106 as it existed prior to 1975. 31-10-1307. Judgment. The court shall pronounce judgment whether the contestee or any other person was duly elected. The person so declared elected is entitled to the office upon qualification. If the judgment is against the contestee and he has received his certificate, the Colorado Revised Statutes 2019 Page 119 of 587 Uncertified Printout judgment annuls it. If the court finds that no person was duly elected, the judgment shall be that the election be set aside and that a vacancy exists. Source: L. 75: Entire title R&RE, p. 1068, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1107 as it existed prior to 1975. 31-10-1308. Ballot questions and ballot issues - how contested. (1) The results of an election on any ballot question may be contested in the manner provided by this part 13. The grounds for such contest shall be those grounds set forth in section 31-10-1301 (1)(b), (1)(c), and (1)(d). The contestee shall be the appropriate election official. In addition to other matters required to be set forth by this part 13, the statement of intention to contest the election shall set forth the question contested. (2) Any contest arising out of a ballot issue or ballot question, as defined in section 1-1104 (2.3) and (2.7), C.R.S., concerning the order on the ballot or concerning whether the form or content of any ballot title meets the requirements of section 20 of article X of the state constitution, shall be conducted as provided in section 1-11-203.5, C.R.S. (3) The result of an election on any ballot issue, as defined in section 1-1-104 (2.3), C.R.S., approving the creation of any debt or other financial obligation may be contested in the manner provided by this part 13. The grounds for such contest shall be those grounds set forth in sections 1-11-201 (4), C.R.S., and 31-10-1301 (1)(b), (1)(c), and (1)(d). The contestee shall be the municipality for which the ballot issue was decided. Source: L. 81: Entire section added, p. 1507, § 31, effective July 1. L. 94: Entire section amended, p. 1192, § 94, effective July 1. L. 2000: (2) amended, p. 799, § 21, effective August 2. L. 2003: (3) added, p. 750, § 7, effective August 6. Editor's note: This section is similar to former § 31-10-1108 as it existed prior to 1975. PART 14 OTHER JUDICIAL PROCEEDINGS 31-10-1401. Controversies. (1) When any controversy arises between any official charged with any duty or function under this article and any candidate or other person, the district court, upon the filing of a verified petition by any such official or person setting forth in concise form the nature of the controversy and the relief sought, shall issue an order commanding the respondent in such petition to appear before the court and answer under oath to such petition. It is the duty of the court to summarily hear and dispose of any such issues, with a view to obtaining a substantial compliance with the provisions of this article by the parties to such controversy, and to make and enter orders and judgments and to follow the procedures of such court to enforce all such orders and judgments. (2) Such proceedings may be reviewed and finally adjudicated by the supreme court of this state if application to such court is made within five days after the termination thereof by the Colorado Revised Statutes 2019 Page 120 of 587 Uncertified Printout court in which the petition was filed and if the supreme court is willing to assume jurisdiction of the case. Source: L. 75: Entire title R&RE, p. 1068, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1201 as it existed prior to 1975. 31-10-1402. Correction of errors. (1) The clerk shall, on his own motion, correct without delay any error in publication or sample or official ballots which he discovers or which is brought to his attention and which can be corrected without interfering with the timely distribution of the ballots. (2) When it appears by verified petition of a candidate or his agent to the district court that an error or omission has occurred in the publication of the names or descriptions of the candidates or in the printing of the sample or official ballots which has not been corrected by the clerk, the court shall issue an order requiring the clerk to forthwith correct such error or to forthwith show cause why such error should not be corrected. Costs, including a reasonable attorney fee, may be taxed in the discretion of such court against either party. (3) Such proceedings may be reviewed and finally adjudicated by the supreme court of this state if application to such court is made within five days after the termination thereof by the court in which the petition was filed and if the supreme court is willing to assume jurisdiction of the case. Source: L. 75: Entire title R&RE, p. 1069, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1202 as it existed prior to 1975. PART 15 ELECTION OFFENSES 31-10-1501. District attorney or attorney general to prosecute. (1) Any person may file with the district attorney an affidavit stating the name of any person who has violated any of the provisions of this article and stating the facts which constitute the alleged offense. Upon the filing of such affidavit, the district attorney shall forthwith investigate, and, if reasonable grounds appear therefor, he shall prosecute the same. (2) The attorney general of the state shall have equal power with district attorneys to file informations or complaints against any person for violating any provision of this article. Source: L. 75: Entire title R&RE, p. 1069, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1301 as it existed prior to 1975. 31-10-1502. Sufficiency of complaint - judicial notice. Irregularities or defects in the mode of calling, giving notice of, convening, holding, or conducting any regular or special election constitutes no defense to a prosecution for a violation of this article. When an offense is Colorado Revised Statutes 2019 Page 121 of 587 Uncertified Printout committed in relation to any municipal election, an indictment, information, or complaint for such offense is sufficient if it alleges that such election was authorized by law, without stating the call or notice of the election, the names of the judges of election holding such election, or the names of the persons voted for at such election. Judicial notice shall be taken of the holding of any regular or special election. Source: L. 75: Entire title R&RE, p. 1069, § 1, effective July 1. L. 81: Entire section amended, p. 1507, § 32, effective July 1. Editor's note: This section is similar to former § 31-10-1302 as it existed prior to 1975. 31-10-1503. Immunity of witness from prosecution. Any person violating any provision of this article is a competent witness against any other such violator and may be compelled to attend and testify upon any trial, hearing, proceeding, or investigation in the same manner as any other person, but the testimony so given shall not be used in any prosecution or proceeding, civil or criminal, against the person so testifying except for perjury in giving such testimony. A person so testifying shall not thereafter be liable to indictment, prosecution, or punishment for the offense with reference to which his testimony was given and may plead or prove the giving of testimony accordingly in bar of such indictment or prosecution. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1303 as it existed prior to 1975. 31-10-1504. Penalties for election offenses. In all cases where an offense is denominated by this article as being a misdemeanor and no penalty is specified, the offender, upon conviction thereof, shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1304 as it existed prior to 1975. 31-10-1505. Payment of fines. All fines collected under the provisions of this article shall be paid to the county in which the municipality concerned is located. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1305 as it existed prior to 1975. 31-10-1506. Perjury. Any person, having taken any oath or made any affirmation required by this article, who swears or affirms willfully, corruptly, and falsely in a matter material to the issue or point in question or suborns any other person to swear or affirm willfully, corruptly, and falsely commits perjury in the second degree or subornation of perjury. Colorado Revised Statutes 2019 Page 122 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1306 as it existed prior to 1975. 31-10-1507. Forgery. Any person who falsely makes, alters, forges, or counterfeits any ballot before or after it has been cast, or who forges any name of a person as a signer or witness to a petition or nomination paper, or who forges the name of a registered elector to an absent voter's ballot commits forgery. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. L. 97: Entire section amended, p. 1027, § 57, effective August 6. Editor's note: This section is similar to former § 31-10-1307 as it existed prior to 1975. 31-10-1508. Tampering with nomination papers. Any person who, being in possession of nomination papers entitled to be filed under this article, wrongfully or willfully destroys, defaces, mutilates, suppresses, neglects, or fails to cause the same to be filed by the proper time in the clerk's office or who files any such paper knowing the same, or any part thereof, to be falsely made commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1308 as it existed prior to 1975. 31-10-1509. Bribery of petition signers. Any person who offers or knowingly permits any person to offer for his benefit any bribe or promise of gain to an elector to induce him to sign any nomination petition or other election paper or any person who accepts any such bribe or promise of gain of any kind in the nature of a bribe as consideration for signing the same, whether such bribe or promise of gain in the nature of a bribe is offered or accepted before or after signing, commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1309 as it existed prior to 1975. 31-10-1510. Statements of expenses. (Repealed) Source: L. 75: Entire title R&RE, p. 1070, § 1, effective July 1. L. 85: Entire section repealed, p. 273, § 7, effective April 30. Editor's note: Before its repeal, this section was similar to former § 31-10-1310 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 123 of 587 Uncertified Printout 31-10-1511. Custody and delivery of ballots and other election papers. (1) Any election official having charge of official ballots, tally sheets, the registration book or list, and the pollbook who destroys, conceals, or suppresses the same, except as expressly permitted by this article, commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. (2) Any election official who has undertaken to deliver the official ballots, the tally sheets, the registration book or list, and the pollbook to the clerk and who neglects or refuses to do so within the time prescribed by law or who fails to account fully for all official ballots and other papers in his charge commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1071, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1311 as it existed prior to 1975. 31-10-1512. Destroying, removing, or delaying delivery of ballots and other election papers. Any person who willfully destroys or defaces any ballot or tally sheet, or who willfully delays the delivery of the ballots, tally sheets, registration book or list, or pollbook, or who conceals or removes any ballot, ballot box, or tally sheet from the polling place or from the possession of the person authorized by law to have the custody thereof, or who aids, counsels, procures, or assists any person in doing any of said acts commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1071, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1312 as it existed prior to 1975. 31-10-1513. Unlawfully refusing or permitting to vote. Any election judge who willfully and maliciously refuses or neglects to receive the ballot of any registered elector who has taken or offered to take the oath prescribed in section 31-10-1105 or knowingly and willfully permits any person to vote who is not entitled to vote at any election commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1071, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1313 as it existed prior to 1975. 31-10-1514. Revealing how elector voted. Any election official, watcher, or person who assists an individual with a disability in voting and who reveals how the individual with a disability voted commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1071, § 1, effective July 1. L. 2014: Entire section amended, (SB 14-118), ch. 250, p. 986, § 21, effective August 6. Colorado Revised Statutes 2019 Page 124 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-1314 as it existed prior to 1975. 31-10-1515. Violation of duty. Any municipal official election official or other person upon whom any duty is imposed by this article who violates, neglects, or omits to perform such duty or is guilty of corrupt conduct in the discharge of the same or any notary public or other officer authorized by law to administer oaths who administers an oath knowing it to be false or who knowingly makes a false certificate in regard to an election matter commits a misdemeanor for each offense and, upon conviction thereof, shall be punished as provided in section 31-101504. Source: L. 75: Entire title R&RE, p. 1071, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1315 as it existed prior to 1975. 31-10-1516. Unlawful receipt of money. (1) It is unlawful for any person, directly or indirectly, by himself or through any other person: (a) To receive, agree to, or contract for, before or during any municipal election, any money, gift, loan, or other valuable consideration for himself or any other person for voting or agreeing to vote, or for going or agreeing to go to the polls, or for remaining away or agreeing to remain away from the polls, or for refraining or agreeing to refrain from voting for any particular person or measure at any municipal election; or (b) To receive any money or other valuable thing during or after any municipal election on account of himself or any other person for voting or refraining from voting at such election, or on account of himself or any other person for voting or refraining from voting for any particular person at such election, or on account of himself or any other person for going to the polls or remaining away from the polls at such election, or on account of having induced any person to vote or refrain from voting for any particular person or measure at such election. (2) Each offense mentioned in subsection (1) of this section is a misdemeanor, and, upon conviction thereof, the offender shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1072, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1316 as it existed prior to 1975. 31-10-1517. Disclosing or identifying vote. (1) No person shall solicit or induce a voter to reveal how he or she voted. No voter shall place any mark upon his or her ballot by means of which it can be identified as the one voted by him or her, and no other mark shall be placed upon the ballot to identify it after it has been prepared for voting. (2) (a) Any voter may show his or her voted ballot to any other person as long as the disclosure is not undertaken in furtherance of any election violation proscribed in this part 15. (b) Any voter who makes available an image of the voter's own ballot through electronic means after it is prepared for voting is deemed to have consented to the transmittal of that image. (c) The ability of a voter to disclose his or her voted ballot as described in this subsection (2) at a polling place or at any other location at which votes are being tabulated is subject to the power of the clerk to properly monitor activity at such polling place or other Colorado Revised Statutes 2019 Page 125 of 587 Uncertified Printout location, including placing reasonable restrictions on the use of photography in such settings or imposing other restrictions on activity in such settings as the clerk finds necessary, to ensure the fair and efficient conduct of elections. (3) Any person violating subsection (1) of this section commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1072, § 1, effective July 1. L. 2017: Entire section amended, (HB 17-1014), ch. 42, p. 124, § 2, effective August 9. Editor's note: This section is similar to former § 31-10-1317 as it existed prior to 1975. 31-10-1518. Delivering and receiving ballots at polls. (1) No voter shall receive an official ballot from any person except one of the judges of election, and no person other than a judge of election shall deliver an official ballot to a voter. (2) No person except a judge of election shall receive from any voter a ballot prepared for voting. (3) Any voter who does not vote the ballot received by him shall return his ballot to the judge of election from whom he received the same before leaving the polling place. (4) Each violation of the provisions of this section is a misdemeanor, and, upon conviction thereof, the offender shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1072, § 1, effective July 1. L. 81: (1) to (3) amended, p. 1507, § 33, effective July 1. Editor's note: This section is similar to former § 31-10-1318 as it existed prior to 1975. 31-10-1519. Voting twice. Any person who votes more than once or, having voted once, offers to vote again or offers to deposit in the ballot box more than one ballot, shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment. Source: L. 75: Entire title R&RE, p. 1072, § 1, effective July 1. L. 95: Entire section amended, p. 858, § 105, effective July 1. Editor's note: This section is similar to former § 31-10-1319 as it existed prior to 1975. 31-10-1520. Voting in the wrong precinct. Any person who, at any municipal election, fraudulently votes or offers to vote in any precinct in which he or she does not reside shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment. Source: L. 75: Entire title R&RE, p. 1072, § 1, effective July 1. L. 95: Entire section amended, p. 858, § 106, effective July 1. Editor's note: This section is similar to former § 31-10-1320 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 126 of 587 Uncertified Printout 31-10-1521. Electioneering near polls. Any person who does any electioneering on election day within any polling place or in any public street or room or in any public manner within one hundred feet of any building in which a polling place is located commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1073, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1321 as it existed prior to 1975. 31-10-1521.5. Anonymous statements concerning candidates or issues - penalties. (Repealed) Source: L. 93: Entire section added, p. 1713, § 19, effective July 1. L. 97: Entire section repealed, p. 1545, § 16, effective July 1. 31-10-1522. Employer's unlawful acts. (1) It is unlawful for any employer, whether corporation, association, company, firm, or person, or any officer or agent of such employer: (a) To refuse any of his employees the privilege of taking time off to vote as provided in section 31-10-603; or (b) To influence the vote of any employee by force, violence, or restraint, or by inflicting or threatening to inflict any injury, damage, harm, or loss, or by discharging from employment, or by promoting in employment; or (c) To enclose, in paying his employees the salary or wages due them, their pay in pay envelopes upon which there are written or printed any political mottoes, devices, or arguments containing threats, expressed or implied, intended or calculated to control the political opinions, views, or actions of such employees; or (d) To put up or otherwise exhibit, within ninety days prior to any municipal election, in his factory, workshop, mine, mill, office, or other establishment or place where his employees may be working or be present in the course of such employment any handbill, notice, or placard containing any threat, notice, or information that, in case any particular candidate is elected or issue is carried, work in his place or establishment will cease in whole or in part or the wages of his employees be reduced or containing any other threats, expressed or implied, intended or calculated to control the political opinions or actions of his employees; or (e) To either expressly or by implication threaten, intimidate, influence, induce, or compel any employee to vote or refrain from voting for any particular person or issue in any municipal election or to refrain from voting at any municipal election. (2) Each offense mentioned in subsection (1) of this section is a misdemeanor, and, upon conviction thereof, the offender shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1073, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1322 as it existed prior to 1975. 31-10-1523. Intimidation. It is unlawful for any person directly or indirectly, by himself or any other person in his behalf, to make use of any force, violence, restraint, abduction, duress, Colorado Revised Statutes 2019 Page 127 of 587 Uncertified Printout or forcible or fraudulent device or contrivance, or to inflict or threaten the infliction of any injury, damage, harm, or loss, or in any manner to practice intimidation upon or against any person in order to impede, prevent, or otherwise interfere with the free exercise of the elective franchise of any qualified elector, or to compel, induce, or prevail upon any qualified elector either to give or refrain from giving his vote at any municipal election or to give or refrain from giving his vote for any particular person or measure at any such election. Each such offense is a misdemeanor, and, upon conviction thereof, the offender shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1073, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1323 as it existed prior to 1975. 31-10-1524. Unlawfully giving or promising money. (1) It is unlawful for any person, directly, by himself, or through any other person: (a) To pay, loan, or contribute or offer or promise to pay, loan, or contribute any money or other valuable consideration to or for any qualified or registered elector or to or for any other person to induce such elector to vote or refrain from voting at any municipal election, or to induce any registered elector to vote or refrain from voting at such election for any particular person, or to induce such elector to go to the polls or remain away from the polls at such election or on account of such qualified or registered elector having voted or refrained from voting for any particular person or having gone to the polls or remained away from the polls at such election; or (b) To advance or pay or cause to be paid any money or other valuable thing to or for the use of any other person with the intent that the same, or any part thereof, be used in bribery at any municipal election or to knowingly pay or cause to be paid any money or other valuable thing to any person in discharge or repayment of any money wholly or in part expended in bribery at any such election. (2) Each offense mentioned in subsection (1) of this section is a misdemeanor, and, upon conviction thereof, the offender shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1073, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1324 as it existed prior to 1975. 31-10-1525. Corrupt means of influencing vote. If any person, by bribery, menace, or other corrupt means or device whatsoever, either directly or indirectly, attempts to influence any voter of this state in giving his vote or ballot, or deters him from giving the same, or disturbs or hinders him in the free exercise of the right of suffrage at any municipal election in this state, or fraudulently or deceitfully changes or alters a ballot, such person so offending commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1074, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1325 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 128 of 587 Uncertified Printout 31-10-1526. Interference with voter while voting. Any person who interferes with any voter when inside the immediate voting area or when marking a ballot or operating a voting machine commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1074, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1326 as it existed prior to 1975. 31-10-1527. Introducing liquor into polls. It is unlawful for any person to introduce into any polling place or to use therein or offer to another for use therein at any time while any election is in progress or the results thereof are being ascertained by the counting of the ballots any intoxicating malt, spirituous, or vinous liquors. Each such offense is a misdemeanor, and, upon conviction thereof, the offender shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1074, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1327 as it existed prior to 1975. 31-10-1528. Inducing defective ballot. Any person who willfully causes a ballot to misstate in any way the wishes of the voter casting the same or who causes any other deceit to be practiced with intent fraudulently to induce such voter to deposit a defective ballot so as to have the ballot thrown out and not counted commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1074, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1328 as it existed prior to 1975. 31-10-1529. Personating elector. Any person who falsely personates any registered elector and votes under the name of such elector shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment. Source: L. 75: Entire title R&RE, p. 1074, § 1, effective July 1. L. 95: Entire section amended, p. 858, § 107, effective July 1. Editor's note: This section is similar to former § 31-10-1329 as it existed prior to 1975. 31-10-1530. Altering posted abstract of votes. Any person who defaces, mutilates, alters, or unlawfully removes the abstract of votes posted outside of a polling place commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1074, § 1, effective July 1. Colorado Revised Statutes 2019 Page 129 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-1330 as it existed prior to 1975. 31-10-1531. Wagers with electors. It is unlawful for any person, including any candidate for public office, before or during any municipal election, to make any bet or wager with a qualified elector or take a share or interest in, or in any manner become a party to, any such bet or wager or provide or agree to provide any money to be used by another in making such bet or wager upon any event or contingency whatever arising out of such election. For each such offense, the offender commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1331 as it existed prior to 1975. 31-10-1532. Tampering with notices or supplies. Any person who, prior to a municipal election, willfully defaces, removes, or destroys any notice of election posted in accordance with the provisions of this article, or who, during an election, willfully defaces, removes, or destroys any card of instruction or sample ballot posted for the instruction of voters, or who, during an election, willfully removes or destroys any of the supplies or conveniences furnished to enable a voter to prepare his ballot commits a misdemeanor for each offense and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1332 as it existed prior to 1975. 31-10-1533. Tampering with registration book, registration list, or pollbook. Any person who mutilates or erases any name, figure, or word on any registration book, registration list, or pollbook, or who removes such registration book, registration list, or pollbook or any part thereof from the place where it has been deposited with an intention to destroy the same, or to procure or prevent the election of any person, or to prevent any registered elector from voting, or who destroys any registration book or pollbook or part thereof commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1333 as it existed prior to 1975. 31-10-1534. Tampering with voting machine. Any person who tampers with a voting machine before, during, or after any municipal election with intent to change the tabulation of votes thereon to reflect other than an accurate accounting commits a misdemeanor and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. Colorado Revised Statutes 2019 Page 130 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-10-1334 as it existed prior to 1975. 31-10-1535. Interference with election official. Any person who at any municipal election intentionally interferes with any election official in the discharge of his duty, or who induces any election official to violate or refuse to comply with his duty, or who aids, counsels, procures, advises, or assists any person to do so commits a misdemeanor for each offense and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1335 as it existed prior to 1975. 31-10-1536. Unlawful qualification as taxpaying elector. It is unlawful to take or place title to property in the name of another, or to pay the taxes, or to take or issue a tax receipt in the name of another for the purpose of attempting to qualify such person as a "qualified taxpaying elector", or to aid or assist any person to do so. The ballot of any such person violating this section shall be void. Each person violating any of the provisions of this section commits a misdemeanor for each offense and, upon conviction thereof, shall be punished as provided in section 31-10-1504. Source: L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1336 as it existed prior to 1975. 31-10-1537. Absentee voting. Any election official or other person who knowingly violates any of the provisions of this article relative to the casting of absent voters' ballots or who aids or abets fraud in connection with any absent vote cast or to be cast shall be punished by a fine of not more than five thousand dollars or by imprisonment in the county jail for not more than eighteen months, or by both such fine and imprisonment. Source: L. 75: Entire title R&RE, p. 1075, § 1, effective July 1. L. 95: Entire section amended, p. 859, § 108, effective July 1. Editor's note: This section is similar to former § 31-10-1337 as it existed prior to 1975. 31-10-1538. Article to be liberally construed. This article shall be liberally construed so that all legally registered electors may be permitted to vote and so that fraud and corruption in municipal elections may be prevented. Source: L. 75: Entire title R&RE, p. 1076, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1338 as it existed prior to 1975. 31-10-1539. Applicability. (1) This article shall apply to regular and special municipal elections. Colorado Revised Statutes 2019 Page 131 of 587 Uncertified Printout (2) This article shall not apply to cities, towns, or cities and counties having home rule, but any such city, town, or city and county may adopt all or any part of this article by reference. Source: L. 75: Entire title R&RE, p. 1076, § 1, effective July 1. Editor's note: This section is similar to former § 31-10-1339 as it existed prior to 1975. 31-10-1540. Political campaign signs - restrictions. (Repealed) Source: L. 75: Entire title R&RE, p. 1076, § 1, effective July 1. L. 79: Entire section repealed, p. 293, § 1, effective June 7. Editor's note: Before its repeal, this section was similar to former § 31-10-1340 as it existed prior to 1975. ARTICLE 11 Municipal Initiatives, Referenda, and Referred Measures 31-11-101. Legislative declaration. It is the intention of the general assembly to set forth in this article the procedures for exercising the initiative and referendum powers reserved to the municipal electors in subsection (9) of section 1 of article V of the state constitution. It is not the intention of the general assembly to limit or abridge in any manner these powers but rather to properly safeguard, protect, and preserve inviolate for municipal electors these modern instrumentalities of democratic government. Source: L. 95: Entire article added, p. 422, § 1, effective May 8. 31-11-102. Applicability of article. This article shall apply to municipal initiatives, referenda, and referred measures unless alternative procedures are provided by charter, ordinance, or resolution. Source: L. 95: Entire article added, p. 422, § 1, effective May 8. 31-11-103. Definitions. As used in this article, unless the context otherwise requires: (1) "Ballot title" means the language that is printed on the ballot that is comprised of the submission clause and the title. (2) "Final determination of petition sufficiency" means the date following passage of the period of time within which a protest must be filed pursuant to section 31-11-110 or the date on which any protest filed pursuant to section 31-11-110 results in a finding of sufficiency, whichever is later. (3) "Petition section" means the stapled or otherwise bound package of documents described in section 31-11-106. Colorado Revised Statutes 2019 Page 132 of 587 Uncertified Printout (4) "Submission clause" means the language that is attached to the title to form a question that can be answered by "yes" or "no". (5) "Title" means a brief statement that fairly and accurately represents the true intent and meaning of the proposed initiative, referendum, or referred measure. Source: L. 95: Entire article added, p. 422, § 1, effective May 8. L. 96: (2) amended, p. 1770, § 67, effective July 1. 31-11-103.5. Computation of time. Except as otherwise provided in this article, calendar days shall be used in all computations of time made under the provisions of this article. In computing time for any act to be done before any municipal election, the first day shall be included, and the last or election day shall be excluded. Except when computing business days, Saturdays, Sundays, and legal holidays shall be included, but, if the time for any act to be done or the last day of any period is a Saturday, Sunday, or a legal holiday, the period is extended to include the next day that is not a Saturday, Sunday, or legal holiday. If the time for an act to be done under this article is referred to in business days, the time shall be computed by excluding Saturdays, Sundays, and legal holidays. Source: L. 2000: Entire section added, p. 799, § 22, effective August 2. 31-11-104. Ordinances - initiative - conflicting measures. (1) Any proposed ordinance may be submitted to the legislative body of any municipality by filing written notice of the proposed ordinance with the clerk and, within one hundred eighty days after approval of the petition pursuant to section 31-11-106 (1), by filing a petition signed by at least five percent of the registered electors of the city or town on the date of such notice. The proposed ordinance may be adopted without alteration by the legislative body within twenty days following the final determination of petition sufficiency. If vetoed by the mayor, the proposed ordinance may be passed over the mayor's veto within ten days after the veto. If the proposed ordinance is not adopted by the legislative body, the legislative body shall forthwith publish the proposed ordinance as other ordinances are published and shall refer the proposed ordinance, in the form petitioned for, to the registered electors of the municipality at a regular or special election held not less than sixty days and not more than one hundred fifty days after the final determination of petition sufficiency, unless otherwise required by the state constitution. The ordinance shall not take effect unless a majority of the registered electors voting on the measure at the election vote in favor of the measure. (2) Alternative ordinances may be submitted at the same election, and, if two or more conflicting measures are approved by the people, the one that receives the greatest number of affirmative votes shall be adopted in all particulars as to which there is a conflict. Source: L. 95: Entire article added, p. 423, § 1, effective May 8. L. 96: (1) amended, p. 1770, § 68, effective July 1. L. 2000: (1) amended, p. 799, § 23, effective August 2. 31-11-105. Ordinances - when effective - referendum. (1) No ordinance passed by the legislative body of any municipality shall take effect before thirty days after its final passage and publication, except an ordinance calling for a special election or necessary to the immediate Colorado Revised Statutes 2019 Page 133 of 587 Uncertified Printout preservation of the public peace, health, or safety, and not then unless the ordinance states in a separate section the reasons why it is necessary and unless it receives the affirmative vote of three-fourths of all the members elected to the legislative body taken by ayes and noes. (2) Within thirty days after final publication of the ordinance, a referendum petition protesting against the effect of the ordinance or any part thereof may be filed with the clerk. The petition must be signed during the thirty-day period by at least five percent of the registered electors of the municipality registered on the date of final publication. (3) If a referendum petition is filed, the ordinance or part thereof protested against shall not take effect, and, upon a final determination of petition sufficiency, the legislative body shall promptly reconsider the ordinance. If the petition is declared not sufficient by the clerk or found not sufficient in a protest, the ordinance shall forthwith take effect, unless otherwise provided therein. (4) If, upon reconsideration, the ordinance or part thereof protested is not repealed, the legislative body shall submit the measure to a vote of the registered electors at a regular or special election held not less than sixty days and not more than one hundred fifty days after the final determination of petition sufficiency, unless otherwise required by the state constitution. The ordinance or part thereof shall not take effect unless a majority of the registered electors voting on the measure at the election vote in favor of the measure. Source: L. 95: Entire article added, p. 423, § 1, effective May 8. 31-11-106. Form of petition sections. (1) Each petition section shall be printed in a form consistent with the requirements of this article. No petition section shall be printed or circulated unless the form and the first printer's proof of the petition section have first been approved by the clerk. The clerk shall approve or reject the form and the first printer's proof of the petition no later than five business days following the date on which the clerk received such material. The clerk shall assure that the petition section contains only those elements required by this article and contains no extraneous material. The clerk may reject a petition or a section of a petition on the grounds that the petition or a section of the petition does not propose municipal legislation pursuant to section 1 (9) of article V of the state constitution. (2) Each petition section shall designate by name and mailing address two persons who shall represent the proponents thereof in all matters affecting the petition and to whom all notices or information concerning the petition shall be mailed. (3) (a) At the top of each page of every initiative or referendum petition section, the following shall be printed, in a form as prescribed by the clerk: WARNING: IT IS AGAINST THE LAW: For anyone to sign any initiative or referendum petition with any name other than his or her own or to knowingly sign his or her name more than once for the same measure or to knowingly sign a petition when not a registered elector who is eligible to vote on the measure. DO NOT SIGN THIS PETITION UNLESS YOU ARE A REGISTERED ELECTOR Colorado Revised Statutes 2019 Page 134 of 587 Uncertified Printout AND ELIGIBLE TO VOTE ON THIS MEASURE. TO BE A REGISTERED ELECTOR, YOU MUST BE A CITIZEN OF COLORADO AND REGISTERED TO VOTE. Do not sign this petition unless you have read or have had read to you the proposed initiative or referred measure or the summary in its entirety and understand its meaning. (b) A summary of the proposed initiative or ordinance that is the subject of a referendum petition shall be printed following the warning on each page of a petition section. The summary shall be true and impartial and shall not be an argument, or likely to create prejudice, either for or against the measure. The summary shall be prepared by the clerk. (c) The full text of the proposed initiated measure or ordinance that is the subject of a referendum petition shall be printed following the summary on the first page or pages of the petition section that precede the signature page. Notwithstanding the requirement of paragraph (a) of this subsection (3), if the text of the proposed initiated measure or ordinance requires more than one page of a petition section, the warning and summary need not appear at the top of other than the initial text page. (d) The signature pages shall consist of the warning and the summary, followed by ruled lines numbered consecutively for registered electors' signatures. If a petition section contains multiple signature pages, all signature lines shall be numbered consecutively, from the first signature page through the last. The signature pages shall follow the page or pages on which the full text of the proposed initiated measure or ordinance that is the subject of the referendum petition is printed. (e) (I) Following the signature pages of each petition section, there shall be attached a signed, notarized, and dated affidavit executed by the person who circulated the petition section, which shall include the following: (A) The affiant's printed name, the address at which the affiant resides, including the street name and number, the municipality, the county, and the date the affiant signed the affidavit; (B) That the affiant has read and understands the laws governing the circulation of petition; (C) That the affiant was eighteen years of age or older at the time the section of the petition was circulated and signed by the listed electors; (D) That the affiant circulated the section of the petition; (E) That each signature thereon was affixed in the affiant's presence; (F) That each signature thereon is the signature of the person whose name it purports to be; (G) That, to the best of the affiant's knowledge and belief, each of the persons signing the petition section was, at the time of signing, a registered elector; and (H) That the affiant has not paid or will not in the future pay and that the affiant believes that no other person has paid or will pay, directly or indirectly, any money or other thing of value to any signer for the purpose of inducing or causing such signer to affix the signer's signature to the petition. (II) The clerk shall not accept for filing any section of a petition that does not have attached thereto the notarized affidavit required by subparagraph (I) of this paragraph (e). Any Colorado Revised Statutes 2019 Page 135 of 587 Uncertified Printout disassembly of a section of the petition that has the effect of separating the affidavit from the signature page or pages shall render that section of the petition invalid and of no force and effect. (III) Any signature added to a section of a petition after the affidavit has been executed shall be invalid. (4) All sections of any petition shall be prenumbered serially. (5) Any petition section that fails to conform to the requirements of this article or that is circulated in a manner other than that permitted by this article shall be invalid. Source: L. 95: Entire article added, p. 424, § 1, effective May 8. L. 2000: (1) and (3)(e)(I) amended, p. 800, § 24, effective August 2. 31-11-107. Circulators - requirements. The circulation of any petition section other than personally by a circulator is prohibited. No section of a petition for any initiative or referendum measure shall be circulated by any person who is not at least eighteen years of age at the time the section is circulated. Source: L. 95: Entire article added, p. 426, § 1, effective May 8. L. 2000: Entire section amended, p. 801, § 25, effective August 2. 31-11-108. Signatures. Any initiative or referendum petition shall be signed only by registered electors who are eligible to vote on the measure. Each registered elector shall sign his or her own signature and shall print his or her name, the address at which he or she resides, including the street number and name, the city or town, the county, and the date of signing. Each registered elector signing a petition shall be encouraged by the circulator of the petition to sign the petition in ink. In the event a registered elector is physically disabled or is illiterate and wishes to sign the petition, the elector shall sign or make his or her mark in the space so provided. Any person, but not a circulator, may assist the disabled or illiterate elector in completing the remaining information required by this section. The person providing assistance shall sign his or her name and address and shall state that such assistance was given to the disabled or illiterate elector. Source: L. 95: Entire article added, p. 426, § 1, effective May 8. 31-11-109. Signature verification - statement of sufficiency. (1) The clerk shall inspect timely filed initiative or referendum petitions and the attached affidavits, and may do so by examining the information on signature lines for patent defects, by comparing the information on signature lines against a list of registered electors provided by the county, or by other reasonable means. (2) After examining the petition, the clerk shall issue a statement as to whether a sufficient number of valid signatures have been submitted. A copy of the statement shall be mailed to the persons designated as representing the petition proponents pursuant to section 3111-106 (2). (3) The statement of sufficiency or insufficiency shall be issued no later than thirty calendar days after the petition has been filed. If the clerk fails to issue a statement within thirty calendar days, the petition shall be deemed sufficient. Colorado Revised Statutes 2019 Page 136 of 587 Uncertified Printout Source: L. 95: Entire article added, p. 427, § 1, effective May 8. 31-11-110. Protest. (1) Within forty days after an initiative or referendum petition is filed, a protest in writing under oath may be filed in the office of the clerk by any registered elector who resides in the municipality, setting forth specifically the grounds for such protest. The grounds for protest may include, but shall not be limited to, the failure of any portion of a petition or circulator affidavit to meet the requirements of this article. No signature may be challenged that is not identified in the protest by section and line number. The clerk shall forthwith mail a copy of such protest to the persons designated as representing the petition proponents pursuant to section 31-11-106 (2) and to the protester, together with a notice fixing a time for hearing such protest that is not less than five or more than ten days after such notice is mailed. (2) The county clerk shall furnish a requesting protester with a list of the registered electors in the municipality and shall charge a fee to cover the cost of furnishing the list. (3) Every hearing shall be held before the clerk with whom such protest is filed. The clerk shall serve as hearing officer unless some other person is designated by the legislative body as the hearing officer, and the testimony in every such hearing shall be under oath. The hearing officer shall have the power to issue subpoenas and compel the attendance of witnesses. The hearing shall be summary and not subject to delay and shall be concluded within sixty days after the petition is filed. No later than five days after the conclusion of the hearing, the hearing officer shall issue a written determination of whether the petition is sufficient or not sufficient. If the hearing officer determines that a petition is not sufficient, the officer shall identify those portions of the petition that are not sufficient and the reasons therefor. The result of the hearing shall be forthwith certified to the protester and to the persons designated as representing the petition proponents pursuant to section 31-11-106 (2). The determination as to petition sufficiency may be reviewed by the district court for the county in which such municipality or portion thereof is located upon application of the protester, the persons designated as representing the petition proponents pursuant to section 31-11-106 (2), or the municipality, but such review shall be had and determined forthwith. Source: L. 95: Entire article added, p. 427, § 1, effective May 8. L. 2000: (1) amended, p. 801, § 26, effective August 2. 31-11-111. Initiatives, referenda, and referred measures - ballot titles. (1) After an election has been ordered pursuant to section 31-11-104 or 31-11-105, the legislative body of the municipality or its designee shall promptly fix a ballot title for each initiative or referendum. (2) The legislative body of any municipality may, without receipt of any petition, submit any proposed or adopted ordinance or resolution or any question to a vote of the registered electors of the municipality. The legislative body of the municipality or its designee shall fix a ballot title for the referred measure. (3) In fixing the ballot title, the legislative body or its designee shall consider the public confusion that might be caused by misleading titles and shall, whenever practicable, avoid titles for which the general understanding of the effect of a "yes" or "no" vote would be unclear. The ballot title shall not conflict with those titles selected for any other measure that will appear on Colorado Revised Statutes 2019 Page 137 of 587 Uncertified Printout the municipal ballot in the same election. The ballot title shall correctly and fairly express the true intent and meaning of the measure. (4) Any protest concerning a ballot title shall be conducted as provided by local charter, ordinance, or resolution. Source: L. 95: Entire article added, p. 428, § 1, effective May 8. 31-11-112. Petitions - not election materials - no bilingual requirement. The general assembly hereby determines that initiative and referendum petitions are not election materials or information covered by the federal "Voting Rights Act of 1965", and are therefore not required to be printed in any language other than English in order to be circulated in any municipality in Colorado. Source: L. 95: Entire article added, p. 428, § 1, effective May 8. Cross references: For the federal "Voting Rights Act of 1965", see Pub.L. 89-110. 31-11-113. Receiving money to circulate petitions - filing. The proponents of the petition shall file with the clerk a report disclosing the amount paid per signature and the total amount paid to each circulator. The filing shall be made at the same time the petition is filed with the clerk. Any payment made to circulators is an expenditure under article 45 of title 1, C.R.S. Source: L. 95: Entire article added, p. 428, § 1, effective May 8. 31-11-114. Unlawful acts - penalty. (1) 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 the person, organization, association, league, or political party; (b) For any person to sign any name other than his or her own name to any petition or knowingly to sign his or her name more than once for the same measure at one election; (c) For any person knowingly to sign any petition relating to an initiative or referendum in a municipality who is not a registered elector of that municipality at the time of signing the petition; (d) For any person to sign any affidavit as circulator without knowing or reasonably believing the statements made in the affidavit to be true; (e) For any person to certify that an affidavit attached to a petition was subscribed or sworn to before him or her unless it was so subscribed and sworn to before him or her and unless the person so certifying is duly qualified under the laws of this state to administer an oath; (f) For any officer or person to do willfully, or with another or others conspire, or agree, or confederate to do, any act that hinders, delays, or in any way interferes with the calling, holding, or conducting of any election permitted under the initiative and referendum powers Colorado Revised Statutes 2019 Page 138 of 587 Uncertified Printout reserved by the people in section 1 of article V of the state constitution or with the registering of electors therefor; (g) For any officer to do willfully any act that shall confuse or tend to confuse the issues submitted or proposed to be submitted at any election or refuse to submit any petition in the form presented for submission at any election; (h) For any officer or person to violate willfully any provision of this article. (2) Any person, upon conviction of a violation of any provision of this section, shall be punished by a fine of not more than five hundred dollars, or by imprisonment for not more than one year in the county jail, or by both such fine and imprisonment. Source: L. 95: Entire article added, p. 429, § 1, effective May 8. 31-11-115. Tampering with initiative or referendum petition. (1) Any person commits a class 2 misdemeanor who: (a) Willfully destroys, defaces, mutilates, or suppresses any initiative or referendum petition; (b) Willfully neglects to file or delays the delivery of the initiative or referendum petition; (c) Conceals or removes any initiative or referendum petition from the possession of the person authorized by law to have custody of the petition; (d) Adds, amends, alters, or in any way changes the information on the petition as provided by the elector; or (e) Aids, counsels, procures, or assists any person in doing any of such acts. (2) Any person convicted of committing such a misdemeanor shall be punished by a fine of not more than one thousand dollars, or by imprisonment in the county jail for not more than one year, or by both such fine and imprisonment. (3) This section shall not preclude a circulator from striking a complete line on the petition if the circulator believes the line to be invalid. Source: L. 95: Entire article added, p. 430, § 1, effective May 8. 31-11-116. Enforcement. (1) Any person may file with the district attorney an affidavit stating the name of any person who has violated any of the provisions of this article and stating the facts that constitute the alleged offense. Upon the filing of such affidavit, the district attorney shall forthwith investigate, and, if reasonable grounds appear therefor, the district attorney shall prosecute the same. (2) The attorney general of the state shall have equal power with district attorneys to file information or complaints against any person for violating any provision of this article. Source: L. 95: Entire article added, p. 430, § 1, effective May 8. 31-11-117. Retention of petitions. After a period of three years from the time of submission of the petitions to the clerk, if it is determined that the retention of the petitions is no longer necessary, the clerk may destroy the petitions. Colorado Revised Statutes 2019 Page 139 of 587 Uncertified Printout Source: L. 95: Entire article added, p. 430, § 1, effective May 8. 31-11-118. Powers of clerk and deputy. (1) Except as otherwise provided in this article, the clerk shall render all interpretations and shall make all initial decisions as to controversies or other matters arising in the operation of this article. (2) All powers and authority granted to the clerk by this article may be exercised by a deputy clerk in the absence of the clerk or in the event the clerk for any reason is unable to perform the duties of the clerk's office. Source: L. 2000: Entire section added, p. 801, § 27, effective August 2. ANNEXATION - CONSOLIDATION - DISCONNECTION ARTICLE 12 Annexation - Consolidation - Disconnection PART 1 MUNICIPAL ANNEXATION ACT OF 1965 31-12-101. Short title. This part 1 shall be known and may be cited as the "Municipal Annexation Act of 1965". Source: L. 75: Entire title R&RE, p. 1076, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-101 as it existed prior to 1975. Cross references: For the annexation of school districts, see § 22-30-128. 31-12-102. Legislative declaration. (1) The general assembly hereby declares that the policies and procedures in this part 1 are necessary and desirable for the orderly growth of urban communities in the state of Colorado, and to these ends this part 1 shall be liberally construed. The general assembly further declares that it is the purpose of this part 1: (a) To encourage natural and well-ordered development of municipalities of the state; (b) To distribute fairly and equitably the costs of municipal services among those persons who benefit therefrom; (c) To extend municipal government, services, and facilities to eligible areas which form a part of the whole community; (d) To simplify governmental structure in urban areas; (e) To provide an orderly system for extending municipal regulations to newly annexed areas; (f) To reduce friction among contiguous or neighboring municipalities; and (g) To increase the ability of municipalities in urban areas to provide their citizens with the services they require. Colorado Revised Statutes 2019 Page 140 of 587 Uncertified Printout (2) The general assembly further declares that: (a) Section 30 of article II of the state constitution was added to the state constitution as a voter-approved ballot measure in 1980; (b) Since its adoption, section 30 of article II of the state constitution has been in lawful force and effect. As part of the state constitution, all annexations since its enactment have been or should have been undertaken subject to its terms. (c) By enacting House Bill 10-1259, enacted in 2010, which amends various provisions of this part 1, the general assembly does not intend to change the law governing annexations in the state but rather to better harmonize the provisions of this part 1 with those of section 30 of article II of the state constitution. Source: L. 75: Entire title R&RE, p. 1076, § 1, effective July 1. L. 2010: (2) added, (HB 10-1259), ch. 211, p. 913, § 1, effective August 11. Editor's note: This section is similar to former § 31-8-102 as it existed prior to 1975. 31-12-103. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Adult" means any person who has attained his twenty-first birthday. (2) "Agricultural land" means land used for the growing of crops, truck gardening, the grazing of farm animals, and other agricultural pursuits in contrast to land used for urban development. (3) "Development standards" means the substantive portions of building codes, zoning ordinances, housing codes, fire district ordinances, subdivision regulations, and any other ordinance, code, or regulation relating to the construction or occupancy of buildings upon land or the preparation of such land for such construction. (4) "Enclave" means an unincorporated area of land entirely contained within the outer boundaries of the annexing municipality. (5) "Identical ownership" means a situation where each owner has exactly the same degree of interest in each separate parcel of two or more parcels of land. (6) "Landowner" means the owner in fee of any undivided interest in a given parcel of land. If the mineral estate has been severed, the landowner is the owner in fee of an undivided interest in the surface estate and not the owner in fee of an undivided interest in the mineral estate. (7) (Deleted by amendment, L. 2010, (HB 10-1259), ch. 211, p. 913, § 2, effective August 11, 2010.) (8) "Period of notice for hearing" means the time between the effective date of the resolution establishing the hearing date and the date when such hearing first commences. (9) (Deleted by amendment, L. 2010, (HB 10-1259), ch. 211, p. 913, § 2, effective August 11, 2010.) (10) "Quasi-municipal corporation" means a corporation vested with the municipal powers for the accomplishment of a limited municipal purpose, including but not limited to domestic water districts, metropolitan districts, sanitation districts, water and sanitation districts, fire protection districts, recreation districts, and disposal districts. (10.5) "Registered elector" shall have the same meaning as set forth in section 1-1-104 (35), C.R.S. Colorado Revised Statutes 2019 Page 141 of 587 Uncertified Printout (11) "Resident" means one who makes his primary dwelling place within the area proposed to be annexed. (12) "Taxpayer" means any person who has paid or becomes liable for ad valorem taxes on real property located in the area proposed to be annexed during a specified period of time. (13) "Urban development" means the construction on land of improvements for residential, institutional, commercial, industrial, transportation, public flood control, and recreational and similar uses, in contrast to use of the land for growing crops, truck gardening, grazing of farm animals, and other agricultural pursuits. The term also applies to vacant ground which has been or is being prepared for urban development by such steps as subdivision into lots or plots and blocks, installation of water and sewer lines, construction of access streets, and construction of railroad spur or branch tracks. Source: L. 75: Entire title R&RE, p. 1076, § 1, effective July 1. L. 2010: (7) and (9) amended and (10.5) added, (HB 10-1259), ch. 211, p. 913, § 2, effective August 11. Editor's note: This section is similar to former § 31-8-103 as it existed prior to 1975. 31-12-104. Eligibility for annexation. (1) No unincorporated area may be annexed to a municipality unless one of the conditions set forth in section 30 (1) of article II of the state constitution first has been met. An area is eligible for annexation if the provisions of section 30 of article II of the state constitution have been complied with and the governing body, at a hearing as provided in section 31-12-109, finds and determines: (a) That not less than one-sixth of the perimeter of the area proposed to be annexed is contiguous with the annexing municipality. Contiguity shall not be affected by the existence of a platted street or alley, a public or private right-of-way, a public or private transportation right-ofway or area, public lands, whether owned by the state, the United States, or an agency thereof, except county-owned open space, or a lake, reservoir, stream, or other natural or artificial waterway between the annexing municipality and the land proposed to be annexed. Subject to the requirements imposed by section 31-12-105 (1)(e), contiguity may be established by the annexation of one or more parcels in a series, which annexations may be completed simultaneously and considered together for the purposes of the public hearing required by sections 31-12-108 and 31-12-109 and the annexation impact report required by section 31-12108.5. (b) That a community of interest exists between the area proposed to be annexed and the annexing municipality; that said area is urban or will be urbanized in the near future; and that said area is integrated with or is capable of being integrated with the annexing municipality. The fact that the area proposed to be annexed has the contiguity with the annexing municipality required by paragraph (a) of this subsection (1) shall be a basis for a finding of compliance with these requirements unless the governing body, upon the basis of competent evidence presented at the hearing provided for in section 31-12-109, finds that at least two of the following are shown to exist: (I) Less than fifty percent of the adult residents of the area proposed to be annexed make use of part or all of the following types of facilities of the annexing municipality: Recreational, civic, social, religious, industrial, or commercial; and less than twenty-five percent of said area's Colorado Revised Statutes 2019 Page 142 of 587 Uncertified Printout adult residents are employed in the annexing municipality. If there are no adult residents at the time of the hearing, this standard shall not apply. (II) One-half or more of the land in the area proposed to be annexed (including streets) is agricultural, and the landowners of such agricultural land, under oath, express an intention to devote the land to such agricultural use for a period of not less than five years. (III) It is not physically practicable to extend to the area proposed to be annexed those urban services which the annexing municipality provides in common to all of its citizens on the same terms and conditions as such services are made available to such citizens. This standard shall not apply to the extent that any portion of an area proposed to be annexed is provided or will within the reasonably near future be provided with any service by or through a quasimunicipal corporation. (2) (a) The contiguity required by paragraph (a) of subsection (1) of this section may not be established by use of any boundary of an area which was previously annexed to the annexing municipality if the area, at the time of its annexation, was not contiguous at any point with the boundary of the annexing municipality, was not otherwise in compliance with paragraph (a) of subsection (1) of this section, and was located more than three miles from the nearest boundary of the annexing municipality, nor may such contiguity be established by use of any boundary of territory which is subsequently annexed directly to, or which is indirectly connected through subsequent annexations to, such an area. (b) Because the creation or expansion of disconnected municipal satellites, which are sought to be prohibited by this subsection (2), violates both the purposes of this article as expressed in section 31-12-102 and the limitations of this article, any annexation which uses any boundary in violation of this subsection (2) may be declared by a court of competent jurisdiction to be void ab initio in addition to other remedies which may be provided. The provisions of section 31-12-116 (2) and (4) and section 31-12-117 shall not apply to such an annexation. Judicial review of such an annexation may be sought by any municipality having a plan in place pursuant to section 31-12-105 (1)(e) directly affected by such annexation, in addition to those described in section 31-12-116 (1). Such review may be, but need not be, instituted prior to the effective date of the annexing ordinance and may include injunctive relief. Such review shall be brought no later than sixty days after the effective date of the annexing ordinance or shall forever be barred. (c) Contiguity is hereby declared to be a fundamental element in any annexation, and this subsection (2) shall not in any way be construed as having the effect of legitimizing in any way any noncontiguous annexation. Source: L. 75: Entire title R&RE, p. 1078, § 1, effective July 1. L. 87: (1)(a) amended, p. 1218, § 1, effective May 28. L. 91: (2) added, p. 763, § 1, effective May 15. L. 2010: IP(1) amended, (HB 10-1259), ch. 211, p. 914, § 3, effective August 11. Editor's note: This section is similar to former § 31-8-104 as it existed prior to 1975. Cross references: For annexation of unincorporated areas, see § 30 of article II of the state constitution. Colorado Revised Statutes 2019 Page 143 of 587 Uncertified Printout 31-12-105. Limitations. (1) Notwithstanding any provisions of this part 1 to the contrary, the following limitations shall apply to all annexations: (a) In establishing the boundaries of any territory to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, shall be divided into separate parts or parcels without the written consent of the landowners thereof unless such tracts or parcels are separated by a dedicated street, road, or other public way. (b) In establishing the boundaries of any area proposed to be annexed, no land held in identical ownership, whether consisting of one tract or parcel of real estate or two or more contiguous tracts or parcels of real estate, comprising twenty acres or more (which, together with the buildings and improvements situated thereon has a valuation for assessment in excess of two hundred thousand dollars for ad valorem tax purposes for the year next preceding the annexation) shall be included under this part 1 without the written consent of the landowners unless such tract of land is situated entirely within the outer boundaries of the annexing municipality as they exist at the time of annexation. In the application of this paragraph (b), contiguity shall not be affected by a dedicated street, road, or other public way. (c) No annexation pursuant to section 31-12-106 and no annexation petition or petition for an annexation election pursuant to section 31-12-107 shall be valid when annexation proceedings have been commenced for the annexation of part or all of such territory to another municipality, except in accordance with the provisions of section 31-12-114. For the purpose of this section, proceedings are commenced when the petition is filed with the clerk of the annexing municipality or when the resolution of intent is adopted by the governing body of the annexing municipality if action on the acceptance of such petition or on the resolution of intent by the setting of the hearing in accordance with section 31-12-108 is taken within ninety days after the said filings if an annexation procedure initiated by petition for annexation is then completed within the one hundred fifty days next following the effective date of the resolution accepting the petition and setting the hearing date and if an annexation procedure initiated by resolution of intent or by petition for an annexation election is prosecuted without unreasonable delay after the effective date of the resolution setting the hearing date. (d) As to any annexation which will result in the detachment of area from any school district and the attachment of the same to another school district, no annexation pursuant to section 31-12-106 or annexation petition or petition for an annexation election pursuant to section 31-12-107 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. (e) (I) Except as otherwise provided in this paragraph (e), no annexation may take place that would have the effect of extending a municipal boundary more than three miles in any direction from any point of such municipal boundary in any one year. Within said three-mile area, the contiguity required by section 31-12-104 (1)(a) may be achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Prior to completion of any annexation within the three-mile area, the municipality shall have in place a plan for that area that generally describes the proposed location, character, and extent of streets, subways, bridges, waterways, waterfronts, parkways, playgrounds, squares, parks, aviation fields, other public ways, grounds, open spaces, public utilities, and terminals for water, light, sanitation, transportation, and power to be provided by the municipality and the proposed land uses for the Colorado Revised Statutes 2019 Page 144 of 587 Uncertified Printout area. Such plan shall be updated at least once annually. Such three-mile limit may be exceeded if such limit would have the effect of dividing a parcel of property held in identical ownership if at least fifty percent of the property is within the three-mile limit. In such event, the entire property held in identical ownership may be annexed in any one year without regard to such mileage limitation. Such three-mile limit may also be exceeded for the annexation of an enterprise zone. (II) Prior to completion of an annexation in which the contiguity required by section 3112-104 (1)(a) is achieved pursuant to subparagraph (I) of this paragraph (e), the municipality shall annex any of the following parcels that abut a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, where the parcel satisfies all of the eligibility requirements pursuant to section 31-12-104 and for which an annexation petition has been received by the municipality no later than forty-five days prior to the date of the hearing set pursuant to section 31-12-108 (1): (A) Any parcel of property that has an individual schedule number for county tax filing purposes upon the petition of the owner of such parcel; (B) Any subdivision that consists of only one subdivision filing upon the petition of the requisite number of property owners within the subdivision as determined pursuant to section 31-12-107; and (C) Any subdivision filing within a subdivision that consists of more than one subdivision filing upon the petition of the requisite number of property owners within the subdivision filing as determined pursuant to section 31-12-107. (e.1) The parcels described in subparagraph (II) of paragraph (e) of this subsection (1) shall be annexed under the same or substantially similar terms and conditions and considered at the same hearing and in the same impact report as the initial annexation in which the contiguity required by section 31-12-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway. Impacts of the annexation upon the parcels described in subparagraph (II) of paragraph (e) of this subsection (1) that abut such platted street or alley, public or private right-of-way, public or private transportation right-of-way or area, or lake, reservoir, stream, or other natural or artificial waterway shall be considered in the impact report required by section 31-12-108.5. As part of the same hearing, the municipality shall consider and decide upon any petition for annexation of any parcel of property having an individual schedule number for county tax filing purposes, which petition was received not later than forty-five days prior to the hearing date, where the parcel abuts any parcel described in subparagraph (II) of paragraph (e) of this subsection (1) and where the parcel otherwise satisfies all of the eligibility requirements of section 31-12-104. (e.3) In connection with any annexation in which the contiguity required by section 3112-104 (1)(a) is achieved by annexing a platted street or alley, a public or private right-of-way, a public or private transportation right-of-way or area, or a lake, reservoir, stream, or other natural or artificial waterway, upon the latter of ninety days prior to the date of the hearing set pursuant to section 31-12-108 or upon the filing of the annexation petition, the municipality shall provide, by regular mail to the owner of any abutting parcel as reflected in the records of the county assessor, written notice of the annexation and of the landowner's right to petition for annexation pursuant to section 31-12-107. Inadvertent failure to provide such notice shall neither create a cause of action in favor of any landowner nor invalidate any annexation proceeding. Colorado Revised Statutes 2019 Page 145 of 587 Uncertified Printout (f) In establishing the boundaries of any area proposed to be annexed, if a portion of a platted street or alley is annexed, the entire width of said street or alley shall be included within the area annexed. (g) Notwithstanding the provisions of paragraph (f) of this subsection (1), a municipality shall not deny reasonable access to landowners, owner of an easement, or the owner of a franchise adjoining a platted street or alley which has been annexed by the municipality but is not bounded on both sides by the municipality. (h) The execution by any municipality of a power of attorney for real estate located within an unincorporated area shall not be construed to comply with the election provisions of this article for purposes of annexing such unincorporated area. Such annexation shall be valid only upon compliance with the procedures set forth in this article. Source: L. 75: Entire title R&RE, p. 1078, § 1, effective July 1. L. 87: (1)(e) to (1)(g) added, p. 1218, § 2, effective May 28. L. 96: (1)(h) added, p. 1770, § 69, effective July 1. L. 97: (1)(c) and (1)(d) amended, p. 994, § 1, effective May 27. L. 2001, 2nd Ex. Sess.: (1)(e) amended and (1)(e.1) and (1)(e.3) added, p. 32, § 2, effective November 6. Editor's note: This section is similar to former § 31-8-105 as it existed prior to 1975. 31-12-106. Annexation of enclaves, partly surrounded land, and municipally owned land. (1) Annexation of enclaves. When any unincorporated area is entirely contained within the boundaries of a municipality, the governing body may by ordinance annex such territory to the municipality in accordance with section 30 (1)(c) of article II of the state constitution, but without complying with section 31-12-104, 31-12-105, 31-12-108, or 31-12-109, if said area has been so surrounded for a period of not less than three years; except that notice of the proposed annexation ordinance shall be given by publication as provided by section 31-12-108 (2) for notices of annexation petitions, and resolutions initiating annexation proceedings, but no public hearing on the proposed annexation ordinance shall be required, and the first publication of notice shall be at least thirty days prior to the adoption of the ordinance. (1.1) Exception to annexation of enclaves. (a) No enclave may be annexed pursuant to subsection (1) of this section if: (I) Any part of the municipal boundary or territory surrounding such enclave consists at the time of the annexation of the enclave of public rights-of-way, including streets and alleys, that are not immediately adjacent to the municipality on the side of the right-of-way opposite to the enclave; or (II) Any part of the territory surrounding the enclave was annexed to the municipality since December 19, 1980, without compliance with section 30 of article II of the state constitution. (b) In the case of an enclave the population of which exceeds one hundred persons according to the most recent United States census and that contains more than fifty acres, the enclave shall not be annexed pursuant to subsection (1) of this section unless the governing body of the annexing municipality has: (I) Created an annexation transition committee composed of nine members, five of whom shall reside, operate a business, or own real property within the enclave, two of whom Colorado Revised Statutes 2019 Page 146 of 587 Uncertified Printout shall represent the annexing municipality, and two of whom shall represent one or more counties in which the enclave is situated; and (II) Published notice of the creation and existence of the committee, together with its regular mail, electronic mail, or telephonic contact information, in the same manner as provided by section 31-12-108 (2) for notices of annexation petitions and resolutions initiating annexation proceedings. (c) The duties of the annexation transition committee required by paragraph (b) of this subsection (1.1) shall be to: (I) Serve as a means of communication between or among the annexing municipality, one or more counties within which the enclave is situated, and the persons who reside, operate a business, or own real property within the enclave regarding any public meetings on the proposed annexation; and (II) Provide a mechanism by which persons who reside, operate a business, or own real property within the enclave may communicate, whether by electronic mail, telephonic communication, regular mail, or public meetings, with the annexing municipality or any counties within which the enclave is situated regarding the proposed annexation. (2) (Deleted by amendment, L. 97, p. 995, § 2, effective May 27, 1997.) (3) Annexation of unincorporated municipally owned land. When the municipality is the sole owner of the area that it desires to annex, which area is eligible for annexation in accordance with section 30 (1)(c) of article II of the state constitution and sections 31-12-104 (1)(a) and 31-12-105, the governing body may by ordinance annex said area to the municipality without notice and hearing as provided in sections 31-12-108 and 31-12-109. The annexing ordinance shall state that the area proposed to be annexed is owned by the annexing municipality and is not solely a public street or right-of-way. (4) Additional terms and conditions on the annexation. Additional terms or conditions may be imposed by the governing body in accordance with section 31-12-112. (5) Any municipality that has entered into an intergovernmental agreement, any portion of which addresses issues pertaining to the annexation of enclaves shall, promptly upon execution of the agreement, record the agreement with the clerk and recorder of any county within which any land area addressed in the agreement is situated. Source: L. 75: Entire title R&RE, p. 1079, § 1, effective July 1. L. 81: (1) amended and (1.1) added, p. 1510, § 1, effective July 1. L. 97: (1.1) and (2) amended, p. 995, § 2, effective May 27. L. 2006: (1.1) amended and (5) added, p. 1007, § 1, effective September 1. L. 2010: (1) and (3) amended, (HB 10-1259), ch. 211, p. 914, § 4, effective August 11. Editor's note: This section is similar to former § 31-8-106 as it existed prior to 1975. Cross references: For annexation of unincorporated areas, see § 30 of article II of the state constitution. 31-12-107. Petitions for annexation and for annexation elections. (1) Petition for annexation in accordance with section 30 (1)(b) of article II of the state constitution: (a) Persons comprising more than fifty percent of the landowners in the area and owning more than fifty percent of the area, excluding public streets and alleys and any land owned by Colorado Revised Statutes 2019 Page 147 of 587 Uncertified Printout the annexing municipality, meeting the requirements of sections 31-12-104 and 31-12-105 may petition the governing body of any municipality for the annexation of such territory. (b) The petition shall be filed with the clerk. (c) The petition shall contain the following: (I) An allegation that it is desirable and necessary that such area be annexed to the municipality; (II) An allegation that the requirements of sections 31-12-104 and 31-12-105 exist or have been met; (III) An allegation that the signers of the petition comprise more than fifty percent of the landowners in the area and own more than fifty percent of the area proposed to be annexed, excluding public streets and alleys and any land owned by the annexing municipality; (IV) A request that the annexing municipality approve the annexation of the area proposed to be annexed; (V) The signatures of such landowners; (VI) The mailing address of each such signer; (VII) The legal description of the land owned by such signer; (VIII) The date of signing of each signature; and (IX) The affidavit of each circulator of such petition, whether consisting of one or more sheets, that each signature therein is the signature of the person whose name it purports to be. (d) Accompanying the petition shall be four copies of an annexation map containing the following information: (I) A written legal description of the boundaries of the area proposed to be annexed; (II) A map showing the boundary of the area proposed to be annexed; (III) Within the annexation boundary map, a showing of the location of each ownership tract in unplatted land and, if part or all of the area is platted, the boundaries and the plat numbers of plots or of lots and blocks; (IV) Next to the boundary of the area proposed to be annexed, a drawing of the contiguous boundary of the annexing municipality and the contiguous boundary of any other municipality abutting the area proposed to be annexed. (e) No signature on the petition is valid if it is dated more than one hundred eighty days prior to the date of filing the petition for annexation with the clerk. All petitions which substantially comply with the requirements set forth in paragraphs (b) to (d) of this subsection (1) shall be deemed sufficient. No person signing a petition for annexation shall be permitted to withdraw his signature from the petition after the petition has been filed with the clerk, except as such right of withdrawal is otherwise set forth in the petition. (f) The clerk shall refer the petition to the governing body as a communication. The governing body, without undue delay, shall then take appropriate steps to determine if the petition so filed is substantially in compliance with this subsection (1). (g) If the petition is found to be in substantial compliance with this subsection (1), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed. If it is not in substantial compliance, no further action shall be taken. (2) Petition for annexation election in accordance with section 30 (1)(a) of article II of the state constitution: (a) The registered electors may petition the governing body of any municipality to commence proceedings for the holding of an annexation election in the area proposed to be Colorado Revised Statutes 2019 Page 148 of 587 Uncertified Printout annexed. This petition shall meet the standards described in paragraphs (c) and (d) of this subsection (2) and either: (I) Shall be signed by at least seventy-five registered electors or ten percent of said electors, whichever is less, if such area is located in a county of more than twenty-five thousand inhabitants; or (II) Shall be signed by at least forty registered electors or ten percent of said electors, whichever is less, if such area is located in a county of twenty-five thousand inhabitants or less. (b) The petition shall be filed with the clerk. (c) The petition for annexation election shall comply with the provisions of paragraph (c) of subsection (1) of this section; except that: (I) Rather than an allegation of any certain percentage of land owned, it shall contain an allegation that the signers of the petition are qualified electors resident in and landowners of the area proposed to be annexed; and (II) The petition shall request the annexing municipality to commence proceedings for the holding of an annexation election in accordance with section 30 (1)(a) of article II of the state constitution. (d) The requirements and procedures provided for in paragraphs (e) and (f) of subsection (1) of this section shall be met and followed in a proceeding under this subsection (2). (e) If the petition is found to be in substantial compliance with this subsection (2), the procedure outlined in sections 31-12-108 to 31-12-110 shall then be followed, subject thereafter to an annexation election to be held in accordance with section 31-12-112. If the petition for an annexation election is not found to be in substantial compliance, no further action shall be taken; except that the governing body shall make such determination by resolution. (3) Procedures alternative: The procedures set forth in subsections (1) and (2) of this section are alternative to each other and to any procedure set forth in section 31-12-106; except that a petition for annexation election filed pursuant to subsection (2) of this section shall take precedence over an annexation petition involving the same territory and filed pursuant to subsection (1) of this section if such petition for annexation election is filed at least ten days prior to the hearing date set for the annexation petition filed pursuant to subsection (1) of this section. (4) Additional terms and conditions on the annexation: Additional terms and conditions may be imposed by the governing body in accordance with section 31-12-112. (5) If a petition is filed pursuant to subsection (1) or (2) of this section and the territory sought to be annexed meets the specifications of section 31-12-106 (1), the governing body of the municipality with which the petition is filed shall thereupon initiate annexation proceedings pursuant to the appropriate provisions of section 31-12-106 (1). In the event that any governing body fails to initiate such annexation proceedings within a period of one year from the time that such petition is filed, annexation may be effected by an action in the nature of mandamus to the district court of the county where the land to be annexed is located, and the petitioner's court costs and attorney fees incident to such action shall be borne by the municipality. (6) No proceedings for annexation to a municipality may be initiated in any area which is the same or substantially the same area in which an election for annexation to the same municipality has been held within the preceding twelve months. (7) For the purpose of determining the compliance with the petition requirements in this section, a signature by any landowner shall be sufficient so long as any other owner in fee of an Colorado Revised Statutes 2019 Page 149 of 587 Uncertified Printout undivided interest in the same area of land does not object in writing to the governing body of the annexing municipality within fourteen days after the filing of the petition for annexation or annexation election. The entire area of the land signed for shall be computed as petitioning for annexation if such signing landowner has become liable for taxes in the last preceding calendar year or is exempt by law from payment of taxes. One who is purchasing land under a written contract duly recorded shall be deemed the owner of the land which is subject to the contract if he has paid the taxes thereon for the next preceding tax year. The signers for an area owned by a corporation, whether profit or nonprofit, shall be the same persons as those authorized to convey land for such corporation. (8) No power of attorney providing the consent of a landowner to be annexed by a municipality pursuant to this section shall be valid for a term of more than five years, and no such power of attorney executed before May 27, 1997, shall be valid for a term of more than five years after May 27, 1997. Source: L. 75: Entire title R&RE, p. 1080, § 1, effective July 1; (1)(d)(IV) amended, p. 1452, § 12, effective July 1. L. 87: (1)(e) and (1)(g) amended, p. 1219, § 3, effective May 28. L. 97: (5) amended and (8) added, p. 995, § 3, effective May 27. L. 2010: IP(1), (1)(a), (1)(c)(III), (1)(g), IP(2), (2)(a), (2)(c)(II), and (2)(e) amended, (HB 10-1259), ch. 211, p. 914, § 5, effective August 11. Editor's note: This section is similar to former §§ 31-8-103 and 31-8-107 as they existed prior to 1975. 31-12-108. Setting hearing date - notice given. (1) As a part of the resolution initiating annexation proceedings by the municipality or of a resolution finding substantial compliance of an annexation petition or of a petition for an annexation election, the governing body of the annexing municipality shall establish a date, time, and place that the governing body will hold a hearing to determine if the proposed annexation complies with section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 or such provisions thereof as may be required to establish eligibility under the terms of this part 1. The hearing shall be held not less than thirty days nor more than sixty days after the effective date of the resolution setting the hearing. This hearing need not be held if the municipality has determined conclusively that the requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have not been met. (2) The clerk shall give notice as follows: A copy of the resolution or the petition as filed (exclusive of the signatures) together with a notice that, on the given date and at the given time and place set by the governing body, the governing body shall hold a hearing upon said resolution of the annexing municipality or upon the petition for the purpose of determining and finding whether the area proposed to be annexed meets the applicable requirements of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 and is considered eligible for annexation. Said notice shall be published once a week for four successive weeks in some newspaper of general circulation in the area proposed to be annexed. The first publication of such notice shall be at least thirty days prior to the date of the hearing. The proof of publication of the notice and resolution or petition, or the summary thereof, shall be returned when the publication is completed, the certificate of the owner, editor, or manager of the Colorado Revised Statutes 2019 Page 150 of 587 Uncertified Printout newspaper in which said notice is published shall be proof thereof, and a hearing shall then be held as provided in said notice. A copy of the published notice, together with a copy of the resolution and petition as filed, shall also be sent by registered mail by the clerk to the board of county commissioners and to the county attorney of the county wherein the territory is located and to any special district or school district having territory within the area to be annexed at least twenty-five days prior to the date fixed for such hearing. The notice required to be sent to the special district or school district by this subsection (2) shall not confer any right of review in addition to those rights provided for in section 31-12-116. (3) The governing body of the annexing municipality, from time to time, may continue the hearing to another date without additional notice if the volume of material to be received cannot be presented within the available time for any given session; except that no session of a hearing shall be so continued unless at least one hour of testimony has been heard. Source: L. 75: Entire title R&RE, p. 1083, § 1, effective July 1. L. 87: (2) amended, p. 1220, § 4, effective May 28. L. 2010: (1) and (2) amended, (HB 10-1259), ch. 211, p. 916, § 6, effective August 11. Editor's note: This section is similar to former § 31-8-108 as it existed prior to 1975. 31-12-108.5. Annexation impact report - requirements. (1) The municipality shall prepare an impact report concerning the proposed annexation at least twenty-five days before the date of the hearing established pursuant to section 31-12-108 and shall file one copy with the board of county commissioners governing the area proposed to be annexed within five days thereafter. Such report shall not be required for annexations of ten acres or less in total area or when the municipality and the board of county commissioners governing the area proposed to be annexed agree that the report may be waived. Such report shall include, as a minimum: (a) A map or maps of the municipality and adjacent territory to show the following information: (I) The present and proposed boundaries of the municipality in the vicinity of the proposed annexation; (II) The present streets, major trunk water mains, sewer interceptors and outfalls, other utility lines and ditches, and the proposed extension of such streets and utility lines in the vicinity of the proposed annexation; and (III) The existing and proposed land use pattern in the areas to be annexed; (b) A copy of any draft or final preannexation agreement, if available; (c) A statement setting forth the plans of the municipality for extending to or otherwise providing for, within the area to be annexed, municipal services performed by or on behalf of the municipality at the time of annexation; (d) A statement setting forth the method under which the municipality plans to finance the extension of the municipal services into the area to be annexed; (e) A statement identifying existing districts within the area to be annexed; and (f) A statement on the effect of annexation upon local-public school district systems, including the estimated number of students generated and the capital construction required to educate such students. Colorado Revised Statutes 2019 Page 151 of 587 Uncertified Printout Source: L. 87: Entire section added, p. 1220, § 5, effective May 28. 31-12-109. Hearing. (1) Any person may appear at such hearing and present evidence upon any matter to be determined by the governing body. (2) All proceedings at the hearing and any continuances thereof shall be recorded, but the recorder's notes need not be transcribed unless proceedings for judicial review are initiated as provided in section 31-12-116. (3) The board of trustees of a town may dispense with the reporting of the hearing as provided in this section and substitute in lieu thereof minutes summarizing the presentation of each speaker and describing the proceedings of the hearing. In the event that any proceedings are commenced for judicial review of an annexation in which this subsection (3) has been followed, the provisions of section 31-12-116 (5) shall be applicable. Source: L. 75: Entire title R&RE, p. 1083, § 1, effective July 1. L. 87: (1) amended, p. 1221, § 6, effective May 28. Editor's note: This section is similar to former § 31-8-109 as it existed prior to 1975. 31-12-110. Findings. (1) Upon the completion of the hearing, the governing body of the annexing municipality, by resolution, shall set forth its findings of fact and its conclusion based thereon with reference to the following matters: (a) Whether or not the requirements of the applicable provisions of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have been met; (b) Whether or not an election is required under section 30 (1)(a) of article II of the state constitution and section 31-12-107 (2). (2) The governing body shall also determine whether or not additional terms and conditions are to be imposed. (3) A finding that the area proposed for annexation does not comply with the applicable provisions of section 30 of article II of the state constitution or sections 31-12-104 and 31-12105 shall terminate the annexation proceeding. Source: L. 75: Entire title R&RE, p. 1084, § 1, effective July 1. L. 2010: (1) and (3) amended, (HB 10-1259), ch. 211, p. 917, § 7, effective August 11. Editor's note: This section is similar to former § 31-8-110 as it existed prior to 1975. 31-12-111. Annexation without election. If the resolution of the governing body adopted pursuant to section 31-12-110 determines that the applicable provisions of section 30 of article II of the state constitution and sections 31-12-104 and 31-12-105 have been met, and further determines that an election is not required under section 31-12-107 (2), and does not determine that additional terms and conditions are to be imposed, the governing body may thereupon annex the area proposed to be annexed by ordinance. Source: L. 75: Entire title R&RE, p. 1084, § 1, effective July 1. L. 2010: Entire section amended, (HB 10-1259), ch. 211, p. 917, § 8, effective August 11. Colorado Revised Statutes 2019 Page 152 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-8-111 as it existed prior to 1975. 31-12-112. Election - annexation pursuant to election. (1) If the governing body determines that an annexation election is required under the provisions of section 30 (1)(a) of article II of the state constitution and section 31-12-107 (2) or that additional terms and conditions should be imposed upon the area proposed to be annexed, an election shall be called, as provided in this section, to determine whether a majority of the landowners and the registered electors in the area proposed to be annexed approve such annexation, with such terms and conditions, if any, as may attach thereto. (2) Any landowner owning land in the area proposed to be annexed may vote, irrespective of whether he or she is a registered elector. Any corporate landowner may by resolution designate one of its officers to cast its vote; except that nothing in this part 1 shall invalidate any memorandum of agreement or escrow arrangement voluntarily made by and between the annexing municipality and one or more landowners within the area proposed to be annexed nor require an election for the approval of any terms and conditions to be accomplished or assured in this manner. (3) The municipality shall forthwith petition the district court of the county in which the area proposed to be annexed or a part thereof is located to hold such election. (4) Upon receipt of such petition, the court shall appoint three commissioners, one of whom shall be nominated by the municipality, one of whom shall be a landowner of land in the area proposed to be annexed or such landowner's nominee, and the third shall be acceptable to the other two. All of the commissioners shall be residents of the state of Colorado and willing to serve as such commissioners. The appointees, within three days after the date of their appointment, shall take an oath before the court faithfully to perform their duties. In case of disability or failure of any commissioner to act, the court shall forthwith fill his place with some person competent, willing, and able to act. (5) Such commissioners shall forthwith call an election of all the landowners and the registered electors in the area proposed to be annexed, to be held at some convenient place within the area proposed to be annexed. The commissioners shall establish such polling places within the area proposed to be annexed, or immediately adjacent thereto if such area is vacant and unoccupied, as in their judgment are necessary to afford all of the landowners and the registered electors the opportunity to cast their votes. If more than one polling place is found to be necessary, the court may appoint three additional persons to act as judges or clerks for each additional polling place. Such additional judges and clerks shall meet the same requirements as the original appointees. (6) Notice of such election shall be given by publication once a week for four weeks in some newspaper of general circulation in the area and published in the county in which such area is located or, if there is no such newspaper in the county, in some newspaper of general circulation published in an adjacent county. Additional notice shall be given by posting a notice at each polling place. The said posting and first newspaper publication shall be not less than four weeks preceding such election. Such notice shall specify the time and place of such election, shall contain a description of the boundaries of the area proposed to be annexed, and shall state that a map or plat thereof is on file in the office of the clerk of the district court in which such area, or a part thereof, is located. Such notice shall also set forth the conditions and requirements proposed by the governing body for annexation of the area, and it shall inform the public that an Colorado Revised Statutes 2019 Page 153 of 587 Uncertified Printout issue committee is required by law to register with the appropriate officer pursuant to section 145-108, C.R.S., within ten calendar days of accepting or making contributions or expenditures in excess of two hundred dollars to support or oppose the annexation question. (7) Such commissioners and additional appointees provided for in subsection (5) of this section shall act as judges or clerks of the election, shall take the oath required by law for judges of general elections, and shall report the result of the voting in their respective polling places to the court within three days after such election. The court shall allow each judge and clerk a reasonable compensation for his services as such, not exceeding two dollars for each hour necessarily employed in the performance of his duties. (8) The ballot used in such election shall contain the words "For Annexation" and "Against Annexation". At the time of voting, each voter shall indicate his choice by placing a cross mark (X) opposite one or the other of said groups of words. Voting machines may be used in the same manner as in municipal elections. (9) If a majority of the votes cast at such election are against annexation or the vote is tied, the court shall order that all annexation proceedings to date are void and of no effect and that the governing body shall proceed no further with the instant annexation proceedings. If a majority of the votes cast at the election are for annexation, the court shall order, adjudge, and decree that such area may be annexed to the municipality upon the terms and conditions, if any, set forth by the governing body, and the municipality, by ordinance, may thereafter annex said area and impose the terms and conditions, if any, as approved by the landowners and the registered electors. (10) All costs and expenses connected with such annexation election, including commissioner fees and all election expenses when incurred, shall be paid by the municipality to which the annexation is proposed. Source: L. 75: Entire title R&RE, p. 1084, § 1, effective July 1. L. 2009: (6) amended, (HB 09-1153), ch. 174, p. 776, § 3, effective September 1. L. 2010: (1), (2), (5), and (9) amended, (HB 10-1259), ch. 211, p. 917, § 9, effective August 11; (1) amended, (HB 10-1422), ch. 419, p. 2127, § 192, effective August 11. Editor's note: This section is similar to former § 31-8-112 as it existed prior to 1975. Cross references: For municipal elections, see article 10 of this title. 31-12-113. Effective date of annexation - required filings. (1) If the conditions of subsection (2) of this section are met, area annexed to a municipality, as provided in this part 1, shall be annexed upon the effective date of the annexing ordinance, except as otherwise provided in sections 31-12-118 and 31-12-118.5 and for tax purposes as provided in subsection (3) of this section. (2) (a) The annexing municipality shall: (I) File one copy of the annexation map with the original of the annexation ordinance in the office of the clerk of the annexing municipality; (II) (A) File for recording three certified copies of the annexation ordinance and map of the area annexed containing a legal description of such area with the county clerk and recorder of each county affected. Colorado Revised Statutes 2019 Page 154 of 587 Uncertified Printout (B) The county clerk and recorder of each county involved shall file one certified copy of such annexation ordinance and map with the division of local government of the department of local affairs and one certified copy of such annexation ordinance and map with the department of revenue. (a.5) Upon receiving an annexation ordinance and map pursuant to sub-subparagraph (B) of subparagraph (II) of paragraph (a) of this subsection (2), the department of revenue shall communicate with any taxing entities affected by the annexation in order to facilitate the administration and collection of taxes within the annexed areas and to identify all retailers affected by the annexation. The department of revenue shall make copies of any such ordinances and maps available to all taxing entities in the state, including any special districts that impose a sales tax. (b) No annexation shall be effective until the requirements of sub-subparagraph (A) of subparagraph (II) of paragraph (a) of this subsection (2) are met. (c) In any action attacking the validity of an annexation proceeding, failure of the annexing municipality to have made the filings required by this subsection (2) shall not be deemed to invalidate the annexation where good cause for such failure is shown. (3) An annexation shall be effective for the purpose of general taxation on and after the January 1 next ensuing. (4) In the event that an annexation which has the effect of changing county lines occurs before January 1, the assessor of the county from which such area was detached shall provide to the assessor of the county to which such area has been added, on or before the February 1 next ensuing, the following: (a) An abstract of the total valuation for assessment of all taxable property so transferred; (b) A certified copy of the assessment records of the individual properties in the annexed area as of the effective date of annexation containing the legal description, the name and address of the owner, and the valuation for assessment of all taxable property, together with such supporting records as are required by the regulations of the property tax administrator. Source: L. 75: Entire title R&RE, p. 1086, § 1, effective July 1. L. 99: (1) amended, p. 1, § 1, effective February 1. L. 2000: (2)(a)(II) amended and (2)(a.5) added, p. 422, § 2, effective August 2. Editor's note: This section is similar to former § 31-8-113 as it existed prior to 1975. 31-12-114. Conflicting annexation claims of two or more municipalities. (1) At any time during a period of notice given by a municipality pursuant to section 31-12-108, any other municipality may, subject to compliance with section 30 of article II of the state constitution, receive a petition for annexation or a petition for an annexation election pursuant to section 3112-107 with the area partly or wholly overlapping the area proposed for annexation by the first municipality. If this occurs, the respective rights of the several municipalities shall be determined in accordance with an election as provided in this section. (2) All further proceedings for the annexation of the area claimed by both municipalities shall be held in abeyance pending the holding of an election of the landowners and the registered electors within such area as described in subsection (4) of this section for the purpose of Colorado Revised Statutes 2019 Page 155 of 587 Uncertified Printout determining to which municipality such electors prefer to annex. This election shall be held pursuant to the provisions of section 31-12-112, except as provided in this section. (3) The second municipality indicating its intent to annex shall petition the district court of the county in which the area proposed to be annexed is located for the election provided for in subsection (2) of this section. Such petition shall be filed within thirty days after the effective date of the resolution of intent or the date of the filing of the petition described in subsection (1) of this section. (4) All of the landowners and the registered electors in the area claimed by both municipalities shall be entitled to vote at said election. Any corporate landowner may by resolution designate one of its officers to cast its vote. (5) (a) If the disputed area has less than two-thirds boundary contiguity with either municipality, the ballot shall contain two questions: (I) "For Annexation" and "Against Annexation"; and (II) "For annexation to ". (name of municipality first starting proceedings) and "For annexation to ". (name of municipality second starting proceedings). (b) If more than two municipalities dispute the same area, the ballot shall list each municipality in order of the date when it started proceedings under this part 1 and in the same form as specified in this section. If the disputed area does have more than two-thirds boundary contiguity with one of the municipalities, only the question in subparagraph (II) of paragraph (a) of this subsection (5) shall appear on the ballot. If both questions are to appear on the ballot, the notice of the election shall contain a statement that all of the landowners and the registered electors may vote on the second question irrespective of their votes on the first question. (6) If, upon a canvass of the votes, it is found that a majority of the votes cast were against annexation, or that the vote on the issue of annexation is tied, or that the vote on which municipality should annex is tied, the court shall declare all annexation proceedings of both municipalities insofar as they relate to the disputed area to be void and of no effect, and both municipalities shall be barred from continuing with the current annexation proceedings insofar as they relate to such disputed area. (7) If the vote is in favor of annexation, the municipality to which the landowners and the registered electors indicate their intention to annex may proceed to hold a hearing as provided in this part 1 and to comply with the other provisions of this part 1 with respect to the area claimed by both municipalities; if such area is found to comply with the applicable provisions of sections 31-12-104 and 31-12-105 and if the entire area proposed to be annexed has been in dispute, the subject election shall be deemed to comply with the provisions of sections 31-12-107 and 31-12-112 relative to an election of the landowners and the registered electors for areas having less than two-thirds boundary contiguity with the annexing municipality. (8) If more than two municipalities claim a disputed area and a majority of the votes are cast in favor of one municipality, that municipality may proceed to hold a hearing as provided in this part 1 and to comply with the other provisions of this part 1 with respect to the area claimed by the several municipalities; but the subject election shall be deemed to comply with the provisions of sections 31-12-107 and 31-12-112 relative to an election of the landowners and the registered electors for areas having less than two-thirds boundary contiguity with the annexing Colorado Revised Statutes 2019 Page 156 of 587 Uncertified Printout municipality. If no municipality receives a majority, a runoff election between the two municipalities receiving the largest pluralities shall be held no sooner than four weeks and no longer than seven weeks after the date of the initial election to determine to which municipality the landowners and the registered electors desire to annex. Notice of such second election shall be given in the manner directed by the court. This election shall have the same effect as if it were the original election between the two municipalities involved. (9) Notwithstanding any provision in this part 1 to the contrary, if the total area proposed for annexation or the disputed part thereof has more than two-thirds boundary contiguity with one of the municipalities, that municipality shall have the right to annex the disputed area unless three-fourths of the total votes cast at the election favor annexation to another municipality. (10) Unless the area claimed by more than one municipality constitutes more than onethird of the area proposed for annexation, inclusive of streets, to the first annexing municipality, nothing in this part 1 shall prevent a municipality from proceeding with the annexation of that part of the area described in its resolution which is not claimed by another municipality without waiting for the holding of the election described in this section. In the hearing required by sections 31-12-108 and 31-12-109 and the findings required by section 31-12-110, the issue shall be the compliance of the undisputed portion of the area proposed for annexation with the requirements and limitations of sections 31-12-104 and 31-12-105. If the annexation was initiated by petition under section 31-12-107 and if the requirements of said sections 31-12-104 and 31-12-105 are met, the annexing municipality shall submit the issue of annexation with the changed boundaries to an election of the landowners and the registered electors to be held in accordance with section 31-12-112. (11) The costs of the election shall be paid by the municipalities which are disputing the annexation by the first annexing municipality. If more than one municipality is disputing such annexation, the costs shall be apportioned among such disputing municipalities on a just and equitable basis by the court supervising the election. Source: L. 75: Entire title R&RE, p. 1086, § 1, effective July 1. L. 2010: (1), (2), (4), (5)(b), (7), (8), and (10) amended, (HB 10-1259), ch. 211, p. 918, § 10, effective August 11; (1) amended, (HB 10-1422), ch. 419, p. 2120, § 168, effective August 11. Editor's note: (1) This section is similar to former § 31-8-114 as it existed prior to 1975. (2) Amendments to subsection (1) by House Bill 10-1259 and House Bill 10-1422 were harmonized. 31-12-115. Zoning of land while annexation is under way - zoning of newly annexed land - subdivision of land while annexation is under way - regulatory impairments affecting newly annexed land used for agricultural purposes - notice - definitions. (1) An annexing municipality may institute the procedure outlined in state statutes or municipal charter to make land subject to zoning at any time after a petition for annexation or a petition for an annexation election has been found to be valid in accordance with the provisions of section 3112-107. The proposed zoning ordinance shall not be passed on final reading prior to the date when the annexation ordinance is passed on final reading. If the zoning process is commenced prior to the effective date of the annexation ordinance, the legal protest area for zoning shall be Colorado Revised Statutes 2019 Page 157 of 587 Uncertified Printout determined solely on geographic location, irrespective of whether the land in such legal protest area is within or without or partly within and partly without the annexing municipality. (2) If the municipality has a zoning ordinance, any area annexed on or after January 1, 1966, shall be brought under such zoning ordinance and map within ninety days after the effective date of the annexation ordinance, irrespective of any legal review which may be instituted pursuant to section 31-12-116. (3) During such ninety-day period or such portion thereof required to comply with subsection (2) of this section, the annexing municipality may refuse to issue any building or occupancy permit for any portion or all of the newly annexed area. (4) Any provision in a zoning ordinance automatically applying a uniform zoning classification to all land which may be annexed in the future is void and of no effect as to any annexation completed on or after January 1, 1966. (5) Any annexing municipality may institute the procedure outlined in its subdivision regulations to subdivide land in the area proposed to be annexed at any time after a petition for annexation or a petition for an annexation election has been found to be valid in accordance with the provisions of section 31-12-107. The ordinance accepting the proposed subdivision shall not be passed on final reading prior to the date when the annexation is passed on final reading. (6) (a) Notwithstanding any other provision of law, whenever a municipality annexes an area that contains any portion of a public transportation right-of-way, a customary or regular use of which involves the movement of any agricultural vehicles and equipment, for the period during which land use within the annexed area is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the municipality shall not adopt or enforce any ordinance or regulation affecting the right-of-way, whether arising in connection with zoning, rezoning, the regulation of traffic, or otherwise, so as to restrict such customary or regular use of the right-of-way that is in existence as of the time of the annexation. Nothing in this subsection (6) shall be construed as in any way restricting the municipality from adopting or enforcing traffic regulations that are either consistent with the customary or regular use of the right-of-way or are necessary for the safety of vehicular and pedestrian traffic using the right-ofway. (b) In addition to any other applicable notice requirements provided by law, not less than thirty days prior to final adoption of an ordinance or regulation affecting the right-of-way in an annexed area that is devoted to agricultural use and regardless of whether the annexed area has been zoned for agricultural uses, the municipality shall send notice of the proposed ordinance or regulation to the following persons by means of the following methods: (I) To any person who owns property in the annexed area that is contiguous to the rightof-way, by certified mail; and (II) To such persons as appear on a list maintained by the municipality of interested persons who are to receive such notice by first-class mail. The name of any such person shall remain on the list until such time as the person requests removal of the person's name from the list. (c) For purposes of this subsection (6), "agricultural vehicles and equipment" means any vehicle or equipment that is designed, adapted, or used for agricultural purposes. Source: L. 75: Entire title R&RE, p. 1088, § 1, effective July 1. L. 97: (1) and (5) amended, p. 996, § 5, effective May 27. L. 2004: (6) added, p. 618, § 1, effective September 1. Colorado Revised Statutes 2019 Page 158 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-8-115 as it existed prior to 1975. 31-12-116. Review. (1) (a) If any landowner or any registered elector in the area proposed to be annexed, the board of county commissioners of any county governing the area proposed to be annexed, or any municipality within one mile of the area proposed to be annexed believes itself to be aggrieved by the acts of the governing body of the annexing municipality in annexing said area to said municipality, such acts or findings of the governing body may be reviewed by certiorari in accordance with the Colorado rules of civil procedure. Such review proceedings shall be instituted in any district court having jurisdiction of the county in which the annexed area is located. In no event shall such a proceeding be instituted prior to the effective date of the annexing ordinance by the annexing municipality. (b) If the annexed area is located within two or more counties, review proceedings may be brought in any district court having jurisdiction of any one of such counties. In all such certiorari proceedings under this part 1, the district court shall be presided over by a judge appointed by the chief justice of the supreme court of the state of Colorado, which judge shall not be from the judicial district in which the area proposed to be annexed is located nor from a judicial district contiguous thereto. (2) (a) (I) All such actions to review the findings and the decision of the governing body shall be brought within sixty days after the effective date of the ordinance, and, if such action is not brought within such time, such action shall forever be barred. (II) All such actions to review the findings and the decision of the governing body shall be subject to the following requirement, which is a condition precedent to the right to obtain judicial review under this section: Any party bringing such action shall first have filed a motion for reconsideration within ten days of the effective date of the ordinance finalizing the challenged annexation, which motion shall state with particularity the grounds upon which judicial review is sought. (III) The district court shall schedule such actions for expedited hearing. (IV) In the event that the person bringing an action pursuant to this section fails to substantially prevail, the court may award the municipality its reasonable attorney fees and costs of defense. (b) In any action brought within the sixty-day limitation of paragraph (a) of this subsection (2) to review the annexation of an enclave pursuant to section 31-12-106 (1), the court may review the findings and determinations of the governing body in annexing any territory which, in whole or in part, resulted in the creation of the enclave. If the court finds that any such prior annexation resulted in the creation of a municipal boundary that consists of public rights-of-way as set forth in section 31-12-106 (1.1)(a)(I) or occurred without compliance with section 30 of article II of the state constitution as set forth in section 31-12-106 (1.1)(a)(II), it shall declare the annexation of the enclave to be void, but no such finding or decision shall affect the validity of the prior annexation. (3) Review proceedings instituted under this section shall not be extended further than to determine whether the governing body has exceeded its jurisdiction or abused its discretion under the provisions of this part 1. (4) Any annexation accomplished in accordance with the provisions of this part 1 shall not be directly or collaterally questioned in any suit, action, or proceeding, except as expressly authorized in this section. Colorado Revised Statutes 2019 Page 159 of 587 Uncertified Printout (5) If the hearing has not been stenographically reported as provided in section 31-12109 (2) and if the court determines, after proper investigation, that the minutes of the hearing are not adequate to form the basis for a determination of the issue in the certiorari proceedings, the court may proceed to try the issue de novo. (6) All proceedings for judicial review of any annexation proceeding under this part 1 shall be advanced as a matter of immediate public interest and concern and heard at the earliest practical moment. The courts shall be open at all times for the purposes of this part 1. Source: L. 75: Entire title R&RE, p. 1089, § 1, effective July 1. L. 81: (2) amended, p. 1511, § 2, effective July 1. L. 87: (1)(a) and (2) amended, p. 1221, § 7, effective May 28. L. 90: (1)(a) amended, p. 1479, § 1, effective March 9. L. 97: (2)(b) amended, p. 996, § 6, effective May 27. L. 2006: (2)(b) amended, p. 1008, § 2, effective September 1. L. 2010: (1)(a) amended, (HB 10-1259), ch. 211, p. 919, § 11, effective August 11. Editor's note: This section is similar to former § 31-8-116 as it existed prior to 1975. 31-12-117. Effect of review and of voiding of annexation ordinance by court order. (1) After the effective date of an annexation ordinance, the annexing municipality shall apply all pertinent ordinances to the annexed area, irrespective of any proceedings for judicial review. (2) In the event that the district court enters a final judgment, as defined in rule 54 (a), Colorado rules of civil procedure, declaring the annexation proceedings void, no acts taken in compliance with or pursuant to the charter, ordinances, or regulations of the annexing municipality shall be voided thereby, even though such acts are not in compliance with applicable county requirements or the requirements of other municipal or quasi-municipal corporations having jurisdiction over the area affected by such judicial proceedings. Such acts shall include, among others, subdivision platting and the construction and occupancy of improvements. A judicial declaration voiding an annexation shall not invalidate the levy and collection of any taxes, license fees, or charges collected or imposed by the annexing municipality prior to such final judgment. (3) The provisions of subsection (2) of this section shall apply with equal force and validity to judicial review of any annexation proceedings which have affected the boundaries of any county or city and county; except that, within ninety days after the effective date of such a final judgment, the county clerk and recorder of the county or city and county to which the area was attempted to be annexed shall transmit to the county clerk and recorder of the county to which the territory was returned as a result of the judicial determination of the invalidity of the annexation proceedings a copy of each approved subdivision plat, which copy shall then be recorded without charge in the records of the county to which the territory was so returned. (4) The execution of any final judgment by the district court in any judicial review of an annexation proceeding shall automatically be stayed upon the filing of the record on appeal as provided by law and the Colorado appellate rules, and no application for supersedeas shall be necessary. Such stay shall continue in full force and effect pending final disposition of the proceedings on appeal. Source: L. 75: Entire title R&RE, p. 1090, § 1, effective July 1. Colorado Revised Statutes 2019 Page 160 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-8-117 as it existed prior to 1975. 31-12-118. Priority of annexation proceedings. (1) The purpose of this section is to give a first priority to annexation proceedings unless certain incorporation proceedings described in this section are commenced for all or part of the area subject to such annexation proceedings. (2) (a) Except as otherwise provided in paragraph (b) of this subsection (2), when a governing body receives a petition for annexation pursuant to section 31-12-107 (1) or a petition for an election on the question of annexation pursuant to section 31-12-107 (2), no other proceedings shall be commenced or prosecuted for the annexation or incorporation of the same area or any part thereof and no other proceedings shall be commenced or prosecuted for the creation of any quasi-municipal corporation in the same area or any part thereof until the question of annexing such area pursuant to any such petition has been finally determined. Nothing in this subsection (2) shall prevent a duly established special service district lawfully organized under part 5 or 6 of article 25 of this title, article 8 of title 29, C.R.S., part 2 of article 20 of title 30, C.R.S., or title 32 (except article 8), C.R.S., from receiving and prosecuting a petition for the inclusion of the same area or any part thereof within the boundaries of any such special service district during any pending annexation proceeding. (b) A governing body shall hold annexation proceedings in abeyance if, on or after the date a petition for annexation pursuant to section 31-12-107 (1) or a petition for an election on the question of annexation pursuant to section 31-12-107 (2) is filed, a petition for incorporation of the same area or any part thereof is filed pursuant to part 1 of article 2 of this title and such area contains more than seventy-five thousand inhabitants. (3) The fact that proceedings for the incorporation of an area have been commenced prior to the filing of a petition for annexation under section 31-12-107 (1) or prior to the filing of a petition for an election on the question of annexation under section 31-12-107 (2) shall in no way affect such proceedings for the annexation of all or part of the same area, and any such incorporation proceedings shall be held in abeyance until the question of annexation has been finally determined. Similarly the fact that proceedings for the creation of a quasi-municipal corporation have been commenced prior to the filing of a petition for annexation under section 31-12-107 (1) or the filing of a petition for an election on the question of annexation under section 31-12-107 (2) shall in no way affect such proceedings for the annexation of all or part of the same area, and any such proceedings for the creation of quasi-municipal corporations shall be held in abeyance until the question of annexation has been finally determined. (4) This section shall not apply if the petition for annexation under said section 31-12107 (1) or the petition for an election on the question of annexation under said section 31-12-107 (2) is first filed with the governing body within the ten days next preceding the date set for an election on the question of incorporation or an election on the question of the creation of a quasimunicipal corporation in part or all of the same area, nor shall this section apply to any incorporation petition involving an area which contains more than ten thousand inhabitants. (5) In the event of any lawsuit challenging the provisions of this section or their applicability to any situation, such legal proceedings shall be advanced on the docket as a matter of immediate public interest and concern and shall be heard at the earliest practical moment. Source: L. 75: Entire title R&RE, p. 1090, § 1, effective July 1. L. 81: (2) amended, p. 1614, § 15, effective July 1. L. 99: (1) and (2) amended, p. 1, § 2, effective February 1. Colorado Revised Statutes 2019 Page 161 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-8-118 as it existed prior to 1975. 31-12-118.5. Effect of incorporation proceedings in an area of more than seventyfive thousand inhabitants - annexation ordinance - legislative declaration. (1) The general assembly hereby finds and declares that: (a) Incorporation of areas containing more than seventy-five thousand inhabitants into new municipalities furthers the goal of orderly growth of urban communities and achieves the purposes stated in section 31-12-102; (b) Municipal incorporations of areas containing such population present viable municipal communities and are favored over municipal annexations that may fragment affected communities and reduce or eliminate the ability to provide municipal government, services, and facilities to those communities; (c) The current municipal annexation and incorporation laws do not adequately expressly address the priority to be given municipal incorporation of areas containing such population; (d) This section and section 31-12-118 (2)(b) are necessary to provide remedial direction regarding the jurisdiction of municipalities to subject areas containing such population to municipal annexation and, therefore, that each section shall apply on and after February 1, 1999, to all annexation proceedings that are pending or subject to judicial review or appeal commenced pursuant to sections 31-12-116 and 31-12-117 whether or not such review or appeal is sought; (e) The enactment of this section and section 31-12-118 (2)(b) is not violative of section 11 of article II of the Colorado constitution with respect to annexation proceedings that are pending or subject to judicial review or appeal on February 1, 1999, since: (I) Section 11 of article II of the Colorado constitution applies solely to statutes that take away or impair a vested right acquired under existing laws or that impose a new duty or create a new obligation with respect to completed transactions or considerations; (II) No person has a vested right in any annexation proceedings that are pending or subject to judicial review or appeal on February 1, 1999, that will be impaired by this section or section 31-12-118 (2)(b); and (III) This section and section 31-12-118 (2)(b) do not impose a new duty or create a new obligation with respect to any municipal annexation that is completed and that is final and no longer subject to judicial review or appeal. (2) (a) If a petition for an incorporation election is filed pursuant to part 1 of article 2 of this title, then no annexation ordinance that annexes all or any part of the area included in such petition shall be deemed final. This subsection (2) shall apply only if such area proposed for incorporation contains more than seventy-five thousand inhabitants and such petition is filed: (I) Prior to the expiration of the sixty-day limitation on review proceedings contained in section 31-12-116 (2)(a); or (II) After a review proceeding on such annexation ordinance has been commenced pursuant to section 31-12-116 and prior to the date of a judicial declaration or final judgment, including an appellate judgment, on such review proceeding. (b) If such incorporation election is approved by a court order entered pursuant to section 31-2-103, then such annexation ordinance shall be deemed void with respect to any area that is incorporated pursuant to such election. Source: L. 99: Entire section added, p. 2, § 3, effective February 1. Colorado Revised Statutes 2019 Page 162 of 587 Uncertified Printout 31-12-119. Disconnection of territory because of failure to serve. The landowners of any tract or contiguous tracts of land aggregating five acres or more located on a boundary of the municipality at the time of the disconnection action may, three or more years after annexation, petition for disconnection from the municipality if such municipality does not, upon demand, provide the same municipal services on the same general terms and conditions as the rest of the municipality receives. The procedure for such disconnection shall be as set forth in parts 6 and 7 of this article, insofar as consistent with this section. To the extent that such parts are inconsistent with this section, the provisions of this section shall prevail when the action is based on failure of the municipality to serve an annexed area. Source: L. 75: Entire title R&RE, p. 1091, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-119 as it existed prior to 1975. 31-12-120. Court approval required for certain annexations. (1) Any annexation which would have the effect of detaching part of the area of an existing school district shall not become effective prior to court approval as specified in this section; except that this subsection (1) shall not apply to an enclave area which has five hundred or less inhabitants nor to any annexation the petition for which is signed by one hundred percent of the landowners in the area proposed to be annexed. (2) In the event of an annexation as set forth in subsection (1) of this section, the annexing municipality, within ten days following the election as provided in section 31-12-107 or the adoption of the ordinance as provided in section 31-12-106, shall give written notice of intention to annex, pursuant to this part 1, to the board of education of the school district from which it is proposed that the area will be detached. (3) Within thirty days after the notice of annexation proceedings specified in subsection (2) of this section is delivered to the board of education, the annexing municipality shall petition the district court in accordance with the jurisdictional requirements set forth for review of the governing body's actions in section 31-12-116 (1) for the granting or denial of the requisite court approval to consummate annexation. The petition shall name the board of education as party defendant. (4) The court shall determine: (a) On the basis of the most recent assessment, the aggregate valuation for assessment of all property in the school district and the aggregate valuation for assessment of all property in the territory proposed to be annexed; and (b) On the basis of the most recent enrollment records of the school district, the aggregate number of pupils enrolled in the school district and the aggregate number of pupils so enrolled who live in the area proposed to be annexed. (5) If the pupil percentage (the percentage of all enrolled pupils that is reflected by all enrolled pupils living in the area proposed to be annexed, carried to four decimal places) is less than three-fifths of the property percentage (the percentage of aggregate valuation for assessment of all property that is reflected by property lying within the area proposed to be annexed), the court shall disapprove the proposed annexation, and such annexation shall not become effective; except that the court shall not be required to disapprove a proposed annexation if it finds that ninety percent of the aggregate valuation for assessment of property in the area to be annexed Colorado Revised Statutes 2019 Page 163 of 587 Uncertified Printout consists of unimproved land. In no event shall the court approve a proposed annexation which, together with the valuation for assessment of all other property detached from a school district in any one calendar year, exceeds five percent of the aggregate valuation for assessment of all property in the school district. Source: L. 75: Entire title R&RE, p. 1091, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-120 as it existed prior to 1975. 31-12-121. Provision of municipal services to outside consumers - agreement to annex. Any municipality, as a condition precedent to the supplying of municipal services pursuant to contract, may require a contemporary agreement by such consumers, who are owners in fee of real property so supplied, to apply for or consent to the annexation of the area to be supplied with such municipal services to the supplying municipality at such future date as the area supplied, or any portion thereof, becomes eligible for annexation pursuant to the provisions of this part 1. The agreement to annex shall be enforceable by an action for specific performance filed in the district court of the judicial district containing all or part of the supplying municipality. A memorandum of such agreement, setting forth the names of the owners in fee of real property supplied and the legal description of such area, shall be recorded in the office of the county clerk and recorder of the county in which such area is located and shall constitute constructive notice of such agreement to all persons not parties thereto. In no event shall the board of directors of any quasi-municipal corporation organized under part 5 or 6 of article 25 of this title, article 8 of title 29, part 2 of article 20 of title 30, or title 32 (except article 8), C.R.S., or any other law of this state be permitted to obligate or require property owners within any such district to sign any such agreement in order to obtain water service from a municipality. Source: L. 75: Entire title R&RE, p. 1092, § 1, effective July 1. L. 81: Entire section amended, p. 1615, § 16, effective July 1. Editor's note: This section is similar to former § 31-8-121 as it existed prior to 1975. 31-12-122. Relation of this part 1 to other laws. The powers conferred and limitations imposed by this part 1 shall be in addition and supplemental to and not in substitution for powers conferred by any other law. Source: L. 75: Entire title R&RE, p. 1093, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-122 as it existed prior to 1975. 31-12-123. Applicability to city and county of Denver. Notwithstanding any provisions of this article to the contrary, this article shall not apply to the city and county of Denver. Source: L. 86: Entire section added, p. 1035, § 2, effective July 1. Colorado Revised Statutes 2019 Page 164 of 587 Uncertified Printout PART 2 ANNEXATION OF ADJACENT AREA UPON REORGANIZATION 31-12-201. Including adjacent area upon reorganization. (1) When a city or town incorporated prior to July 3, 1877, proceeds to abandon its prior organization and to reorganize under the provisions of part 3 of article 2 of this title, it may include within the boundaries of such reorganized municipality all or any part of contiguous area if: (a) The contiguous area has been laid off or platted in accordance with the provisions of this title; (b) The owner of such area has not constituted the same as an addition to such city or town; (c) The area is not situate within another municipality. (2) In such cases, the boundaries of all of such city or town, including such contiguous territory, shall be set forth in the petition described in part 3 of article 2 of this title, and all registered electors residing within those boundaries shall be entitled to vote at the election to be conducted under the provisions of said part 3 of article 2. Source: L. 75: Entire title R&RE, p. 1093, § 1, effective July 1. Editor's note: This section is similar to former § 31-4-107 as it existed prior to 1975. PART 3 DISSOLUTION AND ANNEXATION (SPECIAL CHARTERS) 31-12-301. Annexation to charter city. When any city or town is contiguous to any city existing under any special charter of this state or the territory of Colorado, which charter was issued prior to July 3, 1877, and in such special charter it is provided that when any such city or town, in pursuance of any law of this state, is dissolved or becomes annexed to the city existing under a special charter and the area included within such city or town existing under general laws becomes part of the city existing under a special charter, the city or town may be annexed to and become part of the city existing under a special charter in the manner set forth in this part 3. Source: L. 75: Entire title R&RE, p. 1093, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-201 as it existed prior to 1975. 31-12-302. Petition - order of court. A petition signed by not less than twenty percent of the qualified taxpaying electors of such city or town for the dissolution of such city or town and the annexation of the same to the city existing under a special charter may be filed in the office of the clerk of the district court for the county in which the city or town is situated. The petition, or any part thereof, shall be accompanied by an affidavit of one or more of the petitioners showing that the signers are qualified taxpaying electors of such city or town and Colorado Revised Statutes 2019 Page 165 of 587 Uncertified Printout shall be prima facie evidence of the matters therein set forth. Upon the filing of such petition and upon the consent of the special charter city being shown by published ordinance, the district court shall make an order reciting the substance of the petition and requiring the governing body of such city or town to submit the question of such dissolution and annexation at the next regular election or at a special election of such city or town, as provided in section 31-12-305, to a vote of the registered electors thereof. The order shall be served by delivering a copy thereof to any member of the governing body of such city or town and shall be filed in the office of the clerk of such city or town. Source: L. 75: Entire title R&RE, p. 1093, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-202 as it existed prior to 1975. 31-12-303. Annexation consented to by ordinance - indebtedness. No order shall be made by any district court requiring the submission of the question of dissolution and annexation to any election held pursuant to this part 3 until the city existing under a special charter to which it is proposed that such annexation be made has consented to such annexation by ordinance duly passed and published. In case of the annexation of any city or town to any city existing under a special charter, as provided in section 31-12-301, neither the indebtedness of the city or town so annexed nor that of the city to which the same shall be annexed shall become a common indebtedness. Such indebtedness shall be paid by general taxation upon all the taxable property within the city or town in and by which the indebtedness was created. Source: L. 75: Entire title R&RE, p. 1094, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-210 as it existed prior to 1975. 31-12-304. School districts - annexation of area to another school district applicability. (1) When the dissolution and annexation of any city or town under the provisions of this part 3 will result in the detachment of an area from any school district and the attachment of such area to another school district, no petition under section 31-12-302 is valid unless accompanied by a resolution of the board of directors of the school district to which such area will be attached approving such annexation. If there are any school facilities located within the detached area, the school district owning such facilities shall receive just compensation from the school district that acquires them. Such compensation shall be determined by mutual agreement of the school boards involved or in accordance with the applicable provisions of articles 1 to 7 of title 38, C.R.S. As used in this section, the term "facilities" is limited to school buildings and the real property on which they are situate. Any moneys received by a school district as compensation for such school facilities shall be treated as proceeds from sales of assets pursuant to section 22-45-112, C.R.S. (2) The provisions of this section shall apply to any annexation or dissolution and annexation proceedings which have not been completed prior to May 22, 1971. Source: L. 75: Entire title R&RE, p. 1094, § 1, effective July 1. Colorado Revised Statutes 2019 Page 166 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-8-211 as it existed prior to 1975. 31-12-305. Question submitted to registered electors. The governing body of such city or town shall, by ordinance and within a reasonable time to be fixed by the court in said order, direct that an election be held to submit the question of the dissolution and annexation to a vote of the registered electors. If the order of the district court is served more than thirty days and less than one hundred twenty days prior to the next regular election of such city or town, the question shall be submitted to a vote of the registered electors at such regular election; otherwise, the question shall be submitted at a special election to be called and held for that purpose. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". Source: L. 75: Entire title R&RE, p. 1094, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-203 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 31-12-306. Notice of election. Notice of the submission of the question at a regular or special election shall be given by the clerk in the manner provided in the "Colorado Municipal Election Code of 1965" and shall state the substance of the proposition as submitted by the ordinance. The clerk shall forthwith file in the office of the clerk of the district court a certificate under the seal of such city or town, containing a copy of said notice and specifying the time when and the places where such notices were posted and the newspapers in which said notices were published; and the same shall be prima facie evidence of the matters set forth therein. Source: L. 75: Entire title R&RE, p. 1095, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-204 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 31-12-307. Ballots. All ballots or voting machine tabs prepared for use pursuant to this part 3 shall contain the propositions "For Annexation" and "Against Annexation". If the question is submitted on paper ballots, such ballots shall be deposited in a separate ballot box used for that purpose only. Source: L. 75: Entire title R&RE, p. 1095, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-205 as it existed prior to 1975. 31-12-308. Report - approval by court. (1) Following the canvass and certification of the results of the election, the clerk shall forthwith prepare a report, which shall be signed by the Colorado Revised Statutes 2019 Page 167 of 587 Uncertified Printout mayor and attested by the clerk under the seal of such city or town, containing a copy of the ordinance under which the question was submitted and of the certified statement and determination of the result of such vote, and he shall file said report in the office of the clerk of the district court. (2) The court shall examine the report and hear any objections and evidence that may be offered concerning the regularity or irregularity of the proceedings. If the court finds the proceedings irregular, the court shall disapprove said report and order a new election in accordance with the provisions of this part 3. If the court finds that the proceedings were substantially regular, the court shall approve the report. If a majority of the votes cast are against annexation, the question shall not again be submitted at any election held within twelve months thereafter. If a majority of the votes so cast are for annexation, from the approval of such report, such city or town shall be dissolved, and the area then included within the boundaries thereof shall be annexed to and become part of the city existing under a special charter upon the filing of two certified copies of notice of the completion of such action with a legal description accompanied by a map of the area concerned by the special charter city 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. Appeals may be made from judgments of the district court in such proceedings as in other civil cases. (3) When residence or the payment of taxes is required by law as a qualification to vote or to hold office in the city existing under a special charter, residence and the payment of taxes in any area so annexed shall constitute such qualifications to the same extent as if the same had been in the city existing under a special charter during the same period. Source: L. 75: Entire title R&RE, p. 1095, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-206 as it existed prior to 1975. 31-12-309. Termination of offices. If the question so submitted is submitted at a regular election of such city or town and it appears from the canvass that a majority of the votes cast at such election upon the question are "For Annexation", all votes for officers of such city or town, or upon any other question submitted at said election, and all certificates of election issued in pursuance thereof shall be of no force or effect. In such case, upon the approval of the report by the district court, the terms of office of the dissolved city or town shall cease. Source: L. 75: Entire title R&RE, p. 1095, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-207 as it existed prior to 1975. 31-12-310. Rights become property of city enlarged - utilities not curtailed. When in pursuance of this part 3 any city or town is annexed to any city existing under a special charter, all rights, causes of action, records, uncollected revenues, and other property of the city or town so annexed shall accrue to and become the property of the annexing city. At least a proportionate share of the moneys of the annexing city available for water service, lights, and other public improvements shall be expended each year within the area formerly included within the city or Colorado Revised Statutes 2019 Page 168 of 587 Uncertified Printout town so annexed, based upon the valuation for assessment thereof. The water and light service of any city or town so annexed shall not be curtailed after such annexation. Source: L. 75: Entire title R&RE, p. 1096, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-208 as it existed prior to 1975. 31-12-311. Validity not questioned after ninety days. The validity of any proceeding to dissolve and annex any city or town by virtue of this part 3 shall not be questioned in any action or proceeding commenced more than ninety days after such dissolution and annexation is effected. Source: L. 75: Entire title R&RE, p. 1096, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-209 as it existed prior to 1975. PART 4 CONSOLIDATION AND ANNEXATION STATUTORY CITIES AND TOWNS 31-12-401. Consolidation of contiguous cities or towns. (1) When two or more contiguous cities or towns desire to consolidate with each other, the governing body of each such city or town shall appoint from the officers or citizens thereof a total of three commissioners. The commissioners shall confer together and thereafter report to each governing body the terms and conditions of the proposed consolidation. Such report shall contain, in addition to any other matters which the commissioners may desire to insert therein, the following: (a) The name for the proposed consolidated city or town; (b) The number of wards into which the new city shall be divided, in the case of a proposed consolidated city, together with the boundaries of such wards. (2) In fixing the number of wards, the commissioners shall not select a number which exceeds the entire number of wards contained in all of the cities and towns proposed to be consolidated; except that one ward may be allowed for each town proposed to be consolidated with a city. (3) If the governing body of each such city or town approves the terms and conditions contained in the report, it shall so declare by proper ordinance which may be passed at any one regular or special meeting called for the purpose. Thereupon the governing body of each such city or town shall submit, by ordinance, the question of consolidation upon the terms and conditions so proposed to the registered electors of its respective city or town. Source: L. 75: Entire title R&RE, p. 1096, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-301 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 169 of 587 Uncertified Printout 31-12-402. Election - notice - ballot. (1) In case the ordinance of approval is passed by the governing body less than one hundred twenty days and more than thirty days prior to the regular election in such city or town, the submission to the electors shall be at such regular election; otherwise, the governing body, in the ordinance of approval, shall order a special election, to be held not less than thirty days nor more than forty days after that date for the purpose of determining the question of such consolidation. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". (2) The mayor or, in case there is no mayor, the presiding officer of the governing body shall cause notice of the election to be given, which notice shall be given in the manner prescribed by the "Colorado Municipal Election Code of 1965". (3) The form of the ballots or voting machine tabs at such election shall be: "For Consolidation" and "Against Consolidation". If a majority of the votes cast at such election in each of the cities or towns proposed to be consolidated are for consolidation, the proposition shall be carried. If a majority of the votes cast at such election in any of the cities or towns proposed to be consolidated are against consolidation, the proposition shall be defeated, and such question shall not be submitted again for one year. (4) If any one or more of the cities or towns proposed to be consolidated was a city, the consolidated corporation shall be a city. Source: L. 75: Entire title R&RE, p. 1096, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-302 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 31-12-403. Election of officers after consolidation. In case the proposition for consolidation is carried in all of said cities or towns, the mayors or presiding officers of the governing bodies shall at once issue a joint proclamation announcing an election of officers of the consolidated city or town. Notice of the election shall be given in the manner prescribed by the "Colorado Municipal Election Code of 1965". At said election there shall be chosen a board of trustees if the consolidated corporation is a town, and, if it is a city, there shall be chosen a mayor and two councilmen for each ward of the consolidated city. There shall be elected, in addition, such other officers as under the law are or may be elected by the electors in cities or towns. Such election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965" insofar as practicable under the direction of the clerks and governing bodies of the cities and towns which were consolidated. Source: L. 75: Entire title R&RE, p. 1097, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-303 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. Colorado Revised Statutes 2019 Page 170 of 587 Uncertified Printout 31-12-404. Tenure of officers. All officers chosen at such election, including councilmen, shall hold their respective offices until the next regular election. At the first regular election succeeding the consolidation and at each succeeding regular election thereafter, there shall be elected two councilmen for each ward of said city, each of whom shall hold office for a term of two years. Source: L. 75: Entire title R&RE, p. 1097, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-304 as it existed prior to 1975. 31-12-405. Consolidation complete. The members of the governing body elected at such election, on the second Monday after the election, shall meet and organize the governing body of the consolidated city or town and shall file two certified copies of the notice of the consolidation with a legal description accompanied by a map of the area concerned by the consolidated city or town with the county clerk and recorder of the county in which such action has taken place, and from that time the consolidation shall be deemed complete. The county clerk and recorder shall file the second certified copy of such notice with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S. The consolidated city or town shall thenceforth exist with the same powers and duties and subject to the same regulations as other cities or towns. The cities or towns so consolidated shall then be merged in the consolidated corporation, and the terms of office of all of the officers of the cities and towns so consolidated shall cease. Source: L. 75: Entire title R&RE, p. 1097, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-306 as it existed prior to 1975. 31-12-406. First ordinances - appropriation. The governing body of the consolidated city or town may pass, at the first meeting or as soon thereafter as possible, a resolution adopting in a body the ordinances of some one of the cities or towns forming the consolidated town or city as such ordinances existed at the date of consolidation. Upon the passage of the resolution, the whole of the ordinances of the city or town so designated as they existed at the date of consolidation shall become the ordinances of the consolidated city or town in the same manner as if they had been regularly passed and published by the governing body of the consolidated city or town and shall so remain until amended or repealed. They shall also make appropriation, by ordinance, for the expense of the then unexpired portion of the current fiscal or municipal year. Source: L. 75: Entire title R&RE, p. 1098, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-307 as it existed prior to 1975. 31-12-407. Licenses. All licenses or other privileges issued or granted by any of the consolidated towns or cities prior to consolidation shall remain in full force and effect until the expiration of the same according to the terms thereof. Colorado Revised Statutes 2019 Page 171 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1098, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-308 as it existed prior to 1975. 31-12-408. Bonded and floating indebtedness. All bonded indebtedness due or owing by any city or town prior to consolidation shall remain, after consolidation, the debt of that portion of the consolidated city or town comprised within the former limits of the city or town which owed such indebtedness prior to consolidation. No tax shall be levied or collected for the payment of the principal and interest of such indebtedness, except upon and from persons or property residing or situated within the former limits of the town or city owing such indebtedness. The governing body of the consolidated city or town shall make such levies and take such other measures for the payment of the principal and interest out of the property within such limits as it would have been the duty or within the power of the governing body of the city or town owing such indebtedness to do had no such consolidation taken place. If any of the cities or towns consolidated owed any floating indebtedness at the date of consolidation, the governing body of the consolidated city or town shall ascertain the amount of such indebtedness owed by each of said cities or towns prior to consolidation and, at the next annual levy of taxes succeeding consolidation, shall make a special levy upon property situated within the former limits of the city or town owing such indebtedness sufficient for the payment of the same. The terms of consolidation may make other provisions for said bonded or floating indebtedness. Any such bonded indebtedness may be refunded by the consolidated city or town under the provisions of the laws of Colorado existing at the time of such refunding providing for the refunding of bonds of cities and towns. Source: L. 75: Entire title R&RE, p. 1098, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-309 as it existed prior to 1975. 31-12-409. Property belongs to consolidated cities or towns. All property, real or personal, belonging to any of the cities or towns prior to consolidation, unless the agreement for consolidation otherwise provides, immediately upon the accomplishment of consolidation, shall vest in and become the property of the consolidated city or town. All indebtedness, claims, demands, or rights owing or belonging to any of said cities or towns prior to consolidation in like manner shall vest in and become due to the consolidated city or town, which shall thereafter have the right to demand, have, sue for, recover, and enforce the same in its own name. Source: L. 75: Entire title R&RE, p. 1098, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-310 as it existed prior to 1975. 31-12-410. Suits - special tax. If any actions, suits, or proceedings are pending against any one of the cities or towns at the time of the consolidation, the consolidated city or town shall be substituted as plaintiff or defendant in such action, suit, or proceeding. The same shall thenceforth proceed as if the claim, right, debt, or demand upon which said action, suit, or proceeding was founded had originally existed in favor of or against such consolidated town or Colorado Revised Statutes 2019 Page 172 of 587 Uncertified Printout city. In like manner, any person who, at the date of consolidation, has any claim, demand, or right of action against any one or more of the cities or towns so consolidating may bring any action, suit, or proceeding necessary for the collection or enforcement thereof after such consolidation against the consolidated city or town in the same manner as though the claim, demand, or right of action had originally existed against such consolidated city or town. In no case shall any tax be levied upon or liability incurred by any property or persons on account of such actions, suits, proceedings, debts, liabilities, or rights of action, except those persons and property which would have been liable for the same in case no consolidation had taken place. The governing body of the consolidated city or town has the power to levy a special tax upon persons and property within the former limits of the city or town against which such action, suit, proceeding, claim, demand, or right of action existed for the payment, liquidation, or settlement thereof or of any judgment founded thereon. The terms of consolidation may make other provisions for the payment of such demands, liabilities, and judgments. Source: L. 75: Entire title R&RE, p. 1099, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-311 as it existed prior to 1975. 31-12-411. Collection of prior taxes - disposition. The county treasurer shall proceed to collect all taxes assessed against persons or property within the limits of the cities or towns consolidating prior to such consolidation in the same manner as if no such consolidation had taken place. All moneys in the hands of the county treasurer at the date of consolidation belonging to any of the consolidating cities or towns and all moneys thereafter collected by him on account of any of such consolidating cities or towns shall be turned over by him to the proper officers of the consolidated city or town. In the same manner, if there are, at the date of consolidation, any moneys in the hands of any officer of any of the consolidating cities or towns belonging to his city or town, he shall forthwith turn over such moneys, upon the accomplishment of consolidation, to the proper officers of the consolidated city or town. The moneys thus obtained shall be applied to the payment of the indebtedness of the city or town from which they were derived, and the balance, if any, shall be used for the purpose of the consolidated city or town, unless the terms of consolidation otherwise provide. Source: L. 75: Entire title R&RE, p. 1099, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-312 as it existed prior to 1975. 31-12-412. Annexing cities and towns. (1) When any city or town desires to be annexed to another contiguous city or town, the governing body of each such city or town shall appoint a total of three commissioners to arrange and report to such governing body respectively the terms and conditions on which the proposed annexation can be made. If the governing body of each such city or town approves of the terms and conditions proposed, it shall so declare by proper ordinance. Thereupon, the governing body of each such city or town, by ordinance passed at least thirty days prior to the regular election therein or at least thirty days prior to a special election for that specific purpose, may submit the question of such annexation upon the terms and conditions so proposed to the registered electors of its respective city or town. Such election Colorado Revised Statutes 2019 Page 173 of 587 Uncertified Printout shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". (2) If a majority of the registered electors of each city or town vote in favor of such annexation, the governing body of each shall so declare by proper ordinance. A certified copy of the whole proceedings for annexation of the city or town to be annexed shall be filed with the clerk of the city or town to which the annexation is made, and the latter shall file two certified copies of the notice of such action with a legal description accompanied by a map of the area concerned 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 in the department of local affairs, as provided by section 24-32-109, C.R.S. Source: L. 75: Entire title R&RE, p. 1099, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-313 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965, see article 10 of this title. 31-12-413. Annexation complete - rights - liabilities. When certified copies of the proceedings for annexation are filed as contemplated in section 31-12-412, the annexation shall be complete, and the city or town to which the annexation is made has the power to pass such ordinances, not inconsistent with law, as will carry into effect the terms of such annexation. Thereafter, the city or town annexed shall be governed as part of the city or town to which it is annexed. Such annexation shall not affect or impair any rights or liabilities then existing for or against either of such cities or towns, and they may be enforced the same as if no such annexation had taken place. Source: L. 75: Entire title R&RE, p. 1100, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-314 as it existed prior to 1975. 31-12-414. School districts - annexation of area to another school district applicability. (1) When any consolidation under this part 4 will result in the detachment of an area from any school district and the attachment of such area to another district, the provisions of section 31-12-304 shall apply with respect to the approval of the board of directors of the school district to which such area will be attached and with respect to the compensation required to be paid by the school district which acquires school facilities located within the detached area. (2) The provisions of this section shall apply to any consolidation proceedings which have not been completed prior to May 22, 1971. Source: L. 75: Entire title R&RE, p. 1100, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-315 as it existed prior to 1975. PART 5 Colorado Revised Statutes 2019 Page 174 of 587 Uncertified Printout DISCONNECTION BY ORDINANCE - STATUTORY CITIES AND TOWNS 31-12-501. Application - enactment - filing - definition. (1) When the owner of a tract of land within and adjacent to the boundary of a municipality desires to have said tract disconnected from such municipality, such owner may apply to the governing body of such municipality for the enactment of an ordinance disconnecting such tract of land from such municipality. The owner shall also provide notice and a copy of the application to the board of county commissioners of the county in which the tract of land that is the subject of the application is located and to the board of directors of any affected special district. (2) (a) Not more than thirty days after receiving the notice required by subsection (1) of this section, either the board of county commissioners or the board of directors of any affected special district may request a meeting with the owner and the governing body of the municipality, or its appointee, to discuss and address any negative impacts on the county that would result from the disconnection. If such meeting is requested, the owner and the governing body or its appointee shall meet with either the board of county commissioners, or its appointee, or the board of any affected special district, or its appointee, not more than thirty days after the meeting was requested. Failure by either the board of county commissioners or the board of any affected special district to request a meeting constitutes an acknowledgment by the particular board that the disconnection will not adversely affect the county or an affected special district, as applicable. (b) As used in paragraph (a) of this subsection (2), "affected special district" means any special district that by its service plan or pursuant to an intergovernmental agreement is or will be expected to provide service to the tract of land that is the subject of the disconnection application. For purposes of paragraph (a) of this subsection (2), "negative impact" includes any change in the level or extent of services being provided to the tract of land by any special district. (3) On receipt of such application, the governing body of the municipality shall give due consideration to the disconnection application, and, if such governing body is of the opinion that the best interests of the municipality will not be prejudiced by the disconnection of such tract, it shall enact an ordinance effecting such disconnection. (4) If such an ordinance is enacted, it is immediately effective upon the required filing with the county clerk and recorder to accomplish the disconnection, and two certified copies thereof shall be filed by the clerk in the office of the county clerk and recorder of the county in which such tract lies. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32109, C.R.S. Source: L. 75: Entire title R&RE, p. 1100, § 1, effective July 1. L. 2016: Entire part amended, (HB 16-1272), ch. 82, p. 209, § 1, effective August 10. Editor's note: This section is similar to former § 31-8-601 as it existed prior to 1975. 31-12-502. Liability for taxes. The land so disconnected shall not thereby be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of such municipality while such land Colorado Revised Statutes 2019 Page 175 of 587 Uncertified Printout was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed. Source: L. 75: Entire title R&RE, p. 1101, § 1, effective July 1. L. 2016: Entire part amended, (HB 16-1272), ch. 82, p. 210, § 1, effective August 10. Editor's note: This section is similar to former § 31-8-602 as it existed prior to 1975. 31-12-503. Future levies - prepayment. When the governing body of such municipality levies a tax upon the property within such municipality for the purpose of paying such indebtedness or any part thereof or interest thereon, such governing body may levy a tax at the same rate and for the same purpose on the land so disconnected. The county treasurer shall pay over to such municipality all moneys collected by the treasurer on account of such tax, to be applied only to the payment of such indebtedness. In case the owner of any land so disconnected pays off and discharges a portion of such indebtedness equal in amount to the same proportion of the indebtedness which the valuation for assessment of the land bears to the entire valuation for assessment of all the property subject to taxation for the payment of such indebtedness, calculated according to the last assessment previous to such payment, said land is exempted from further taxation to pay such indebtedness. Upon such payment being made, the canceled bonds or other evidences of payment of such portion of said indebtedness must be deposited with the treasurer of such municipality, and a certificate shall be given by the treasurer stating that such payment has been made. Source: L. 75: Entire title R&RE, p. 1101, § 1, effective July 1. L. 2016: Entire part amended, (HB 16-1272), ch. 82, p. 210, § 1, effective August 10. Editor's note: This section is similar to former § 31-8-603 as it existed prior to 1975. PART 6 DISCONNECTION BY COURT DECREE - STATUTORY CITIES 31-12-601. Petition to disconnect territory. When a tract or contiguous tracts of land, aggregating twenty or more acres in area, are embraced within the municipal limits of any city, which are upon or contiguous to the border thereof, the owners of said tracts of land may petition the district court for the county in which such land, or any part thereof, is situated to have the same disconnected from said city. Source: L. 75: Entire title R&RE, p. 1101, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-401 as it existed prior to 1975. 31-12-602. Contents of petition. (1) The petition shall contain the following: (a) A description of the land sought to be disconnected; Colorado Revised Statutes 2019 Page 176 of 587 Uncertified Printout (b) An allegation that the land contains in the aggregate an area of twenty or more acres and is located upon or adjacent to the border of the city; (c) An allegation that no part of the land has been duly platted into lots and blocks as a part of or addition to the city; (d) An acknowledgment that, for a period of six years after the effective date of the disconnection, the land shall not be subdivided into lots or plats of smaller area than is required during such period for lots within the city adjoining the land sought to be disconnected under the applicable ordinances or regulations of such city; (e) An acknowledgment that the land shall not be used during said six-year period for industrial or commercial uses if, during such period, the applicable ordinances of the city prohibit such uses upon the area within the city adjoining such land; (f) An allegation that all taxes or assessments lawfully due upon the land up to the time of the filing of the petition have been fully paid. (2) Any decree of disconnection entered pursuant to this part 6 shall restrict the use of the land in the manner set forth in paragraphs (d) and (e) of subsection (1) of this section, but such restrictions shall not continue to apply to any land which, within six years after the effective date of the disconnection, is annexed back into the city. Source: L. 75: Entire title R&RE, p. 1101, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-402 as it existed prior to 1975. 31-12-603. Hearing - decree - proviso. (1) Upon the filing of such petition in the district court, the judge thereof shall set a date for a hearing, not less than forty days nor more than sixty days thereafter. It is the duty of the clerk of said court to cause a copy of such petition and a notice of the date and the time set for such hearing to be served upon the mayor of the city. The same shall be served at least thirty days prior to the hearing of such petition by the court. Upon the hearing and proof of the facts set forth in said petition, it shall be determined whether said tracts of land should be disconnected from such city, and the court shall enter an order or decree accordingly. When a city has maintained streets, lights, and other public utilities for a period of three years through or adjoining said tracts of land, the owners shall not be entitled to disconnect the land under the provisions of this part 6. (2) If an area has been annexed to a city for a period of two years and then successful action is undertaken to disconnect such area, the zoning placed on the area by the city shall remain in force and effect after disconnection unless and until changed by the county. Source: L. 75: Entire title R&RE, p. 1102, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-403 as it existed prior to 1975. 31-12-604. Lands subject to tax for prior indebtedness. The land so disconnected is not exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of such city while such land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed. Colorado Revised Statutes 2019 Page 177 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1102, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-404 as it existed prior to 1975. 31-12-605. Copy of decree filed. Two copies of the order or decree of said court disconnecting any land described in said petition from any city, certified by the clerk of said court, shall be filed for record in the office of the county clerk and recorder of the county in which such disconnected land, or any part thereof, is situated. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S. Such record or a copy of such order or decree, certified by the clerk of said court, shall be proof of the disconnection of such land. Source: L. 75: Entire title R&RE, p. 1102, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-405 as it existed prior to 1975. PART 7 DISCONNECTION BY COURT DECREE - STATUTORY TOWNS 31-12-701. Part 7 relates to towns only. This part 7 shall relate to towns only and shall not be construed to affect the disconnection of area from cities. Source: L. 75: Entire title R&RE, p. 1102, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-501 as it existed prior to 1975. 31-12-702. Petition court to disconnect from town. When a tract or two or more contiguous tracts of agricultural or farm land aggregating twenty or more acres in area are embraced within the corporate limits of any town, the outer boundary of which acreage is adjacent to or upon the border of said town, the owners of said tracts of land may petition the district court for the county in which such land is situated to have the same disconnected from said incorporated town. Intersecting highways or intervening railroads shall not render said tracts of land noncontiguous or nonadjacent. Source: L. 75: Entire title R&RE, p. 1102, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-502 as it existed prior to 1975. 31-12-703. Petition - contents. (1) The petition shall contain the following: (a) An allegation that such tracts of land contain in the aggregate an area of twenty or more acres of agricultural or farm land upon or adjacent to the border of said town; (b) An allegation that the petitioners are the owners thereof; (c) The description of the land; Colorado Revised Statutes 2019 Page 178 of 587 Uncertified Printout (d) An allegation that no part of such area has been platted into lots or blocks as a part of or an addition to said town or, if so platted, that such plat has been vacated within a period of three years after the area was included within the boundaries of the town. The time limit provided in this paragraph (d) shall not apply to lands within towns that were incorporated prior to January 1, 1930. (e) An allegation that all taxes or assessments lawfully due and payable upon said land up to the time of the presentation of said petition are fully paid; (f) A representation that, for a period of six years after the effective date of disconnection, said tracts will not be subdivided into lots or plots of smaller area than is required during said period for lots within said town adjoining said tracts under the applicable ordinances or regulations of the town from which disconnection is sought and will not be used during said period for industrial or commercial use if during said period the applicable ordinances of the town from which disconnection is sought prohibits such use in the area within said town adjoining such tracts. (2) Any decree of disconnection entered pursuant to this part 7 shall restrict the use of the land in the manner set forth in paragraph (f) of subsection (1) of this section, but such restrictions shall not continue to apply to any land which, within six years after the effective date of the disconnection, is annexed back into the town. Source: L. 75: Entire title R&RE, p. 1103, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-503 as it existed prior to 1975. 31-12-704. Hearing - decree - proviso. Upon the filing of such petition in the district court, the judge shall set a date for a hearing, not less than forty days nor more than sixty days thereafter. It is the duty of the clerk of said court to cause a copy of such petition and a notice of the date and the time set for such hearing to be served upon the mayor of the town. The same shall be served at least thirty days prior to the hearing on such petition by the court. Upon the hearing and proof of the facts set forth in such petition, it shall be determined whether such tracts of land should be disconnected from said town, and the judge shall enter an order or decree accordingly. When a town has improved any of the highways passing through or adjoining said tracts of land by the construction and maintenance by said town of any special improvements along, under, or over the same for a period of more than two years prior to the presentation of the petition, the petitioners shall not be entitled to disconnect the land under the provisions of this part 7. Source: L. 75: Entire title R&RE, p. 1103, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-504 as it existed prior to 1975. 31-12-705. Land not exempt from prior taxes. The land so disconnected shall not be exempt from the payment of any taxes lawfully assessed against it for the purpose of paying any indebtedness lawfully contracted by the governing body of said town while said land was within the limits thereof and which remains unpaid and for the payment of which said land could be lawfully taxed. Colorado Revised Statutes 2019 Page 179 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1104, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-505 as it existed prior to 1975. 31-12-706. Land subject to tax for prior indebtedness. When the governing body of such town levies a tax upon the property within such town for the purpose of paying such indebtedness or any part thereof and interest thereon, such governing body shall have the authority to levy a tax at the same rate and for the same purpose on the land so disconnected. The county treasurer shall pay over to such town all moneys collected by him on account of such tax, to be applied only to the payment of such indebtedness. In case the owner of any land so disconnected pays off and discharges a portion of such indebtedness equal in amount to the same proportion of the indebtedness which the valuation for assessment of his land bears to the entire valuation for assessment of all the property subject to taxation for the payment of such indebtedness, calculated according to the last assessment previous to such payment, said land shall be exempted from further taxation to pay such indebtedness. Upon such payment being made, the canceled bonds or other evidences of payment of such portion of said indebtedness shall be deposited with the treasurer of such town, and a certificate shall be given by him stating that such payment has been made. Source: L. 75: Entire title R&RE, p. 1104, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-506 as it existed prior to 1975. 31-12-707. Decree recorded - proof. Two copies of the order or decree of said district court disconnecting any land described in said petition from any town, certified by the clerk of said district court, shall be filed for record in the office of the county clerk and recorder of the county in which such disconnected land is situated. The county clerk and recorder shall file the second certified copy with the division of local government in the department of local affairs, as provided by section 24-32-109, C.R.S. Such record or a copy of such order or decree, certified by the clerk of said district court, shall be proof of the disconnection of such land. Source: L. 75: Entire title R&RE, p. 1104, § 1, effective July 1. Editor's note: This section is similar to former § 31-8-507 as it existed prior to 1975. POWERS AND FUNCTIONS OF CITIES AND TOWNS ARTICLE 15 Exercise of Municipal Powers Law reviews: For article, "ADR: Important Options for Municipal Government", see 24 Colo. Law. 1279 (1995). PART 1 Colorado Revised Statutes 2019 Page 180 of 587 Uncertified Printout VESTING OF CORPORATE POWERS 31-15-101. Municipalities bodies politic - powers. (1) Municipalities: (a) Shall be bodies politic and corporate, under such name as they are organized; (b) May sue or be sued; (c) May enter into contracts; (d) May acquire, hold, lease, and dispose of property, both real and personal; (e) May have a common seal which they may alter at their pleasure; and (f) May accept the transfer of federal land for public purposes, including but not limited to municipal expansion and residential purposes. (2) All such municipalities shall have the powers, authority, and privileges granted by this title and by any other law of this state together with such implied and incidental powers, authority, and privileges as may be reasonably necessary, proper, convenient, or useful to the exercise thereof. All such powers, authority, and privileges are subject to the restrictions and limitations provided for in this title and in any other law of this state. (3) Each municipality may coordinate, pursuant to 43 U.S.C. sec. 1712, the "National Environmental Policy Act of 1969", 42 U.S.C. sec. 4321 et seq., 40 U.S.C. sec. 3312, 16 U.S.C. sec. 530, 16 U.S.C. sec. 1604, and 40 CFR parts 1500 to 1508, with the United States secretary of the interior and the United States secretary of agriculture to develop management plans that address hazardous fuel removal and other forest management practices, water development and conservation measures, watershed protection, public utilities protection, private property protection, and the protection of air quality on federal lands within such municipality's jurisdiction. Source: L. 75: Entire title R&RE, p. 1104, § 1, effective July 1. L. 76: (1)(f) added, p. 697, § 1, effective April 6. L. 2003: (3) added, p. 1037, § 11, effective April 17. Editor's note: This section is similar to former §§ 31-12-201 and 31-12-202 as they existed prior to 1975. Cross references: For the legislative declaration contained in the 2003 act enacting subsection (3), see section 1 of chapter 145, Session Laws of Colorado 2003. 31-15-102. Review without bond. In all actions, suits, and proceedings in any court in this state in which a municipality of this state is a party, such municipality may take an appeal, as provided by law and the Colorado appellate rules, without giving bond. Source: L. 75: Entire title R&RE, p. 1105, § 1, effective July 1. Editor's note: This section is similar to former § 31-19-101 as it existed prior to 1975. 31-15-103. Making of ordinances. Municipalities shall have power to make and publish ordinances not inconsistent with the laws of this state, from time to time, for carrying into effect or discharging the powers and duties conferred by this title which are necessary and proper to provide for the safety, preserve the health, promote the prosperity, and improve the morals, Colorado Revised Statutes 2019 Page 181 of 587 Uncertified Printout order, comfort, and convenience of such municipality and the inhabitants thereof not inconsistent with the laws of this state. Source: L. 75: Entire title R&RE, p. 1105, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-301 as it existed prior to 1975. 31-15-104. Powers not exclusive. The enumeration of the powers set forth in this title shall not be construed to limit the exercise of any other power granted to municipalities by the provisions of any other law of this state. Source: L. 75: Entire title R&RE, p. 1105, § 1, effective July 1. PART 2 GENERAL ADMINISTRATIVE POWERS 31-15-201. Administrative powers. (1) The governing bodies in municipalities shall have the following general powers in relation to the administration of the municipality's affairs: (a) To fill, by appointment, any vacancy occurring by death, removal, or resignation of any member of the governing body. Such appointee shall receive a majority vote of the remaining members of the governing body and shall hold his office only until the next regular election when the vacancy shall be filled by election as in other cases. (b) To provide by ordinance for the appointment, term of office, removal, powers, duties, and compensation of all officers not otherwise provided for and of all employees; (c) To appoint a board of health and prescribe its powers and duties; (d) To provide for the taking of the municipal census, but no such census shall be taken by authority of the governing body more often than once between the years prescribed by law for the United States census to be taken; (e) To provide by ordinance that all the paper, printing, stationery, blanks, fuel, and all the supplies needed for the use of the municipality shall be furnished by contract let to the lowest bidder; (f) To organize, own, operate, control, direct, manage, contract for, or furnish ambulance service; (g) To provide for the management and operation of any municipally owned hospital by any entity, public or private, profit or nonprofit, which the municipality determines will provide adequate and efficient administration for the operation of such hospital and to enter into contracts relating to such municipally owned hospital as authorized by part 1 of article 3 of title 25.5, C.R.S.; (h) To authorize the use of electronic records or signatures and adopt rules, standards, policies, and procedures for use of electronic records or signatures pursuant to article 71.3 of title 24, C.R.S.; (i) To establish an affordable housing dwelling unit advisory board for the municipality in accordance with the requirements of article 26 of title 29, C.R.S. Colorado Revised Statutes 2019 Page 182 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1105, § 1, effective July 1. L. 77: (1)(f) added, p. 1285, § 4, effective January 1, 1978. L. 79: (1)(g) added, p. 836, § 5, effective June 21. L. 83: (1)(g) amended, p. 1146, § 4, effective July 1. L. 89: (1)(g) amended, p. 1005, § 9, effective October 1. L. 91: (1)(g) amended, p. 588, § 12, effective October 1. L. 99: (1)(h) added, p. 1348, § 7, effective July 1. L. 2001: (1)(i) added, p. 977, § 3, effective August 8. L. 2002: (1)(h) amended, p. 858, § 8, effective May 30. L. 2006: (1)(g) amended, p. 2022, § 115, effective July 1. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. PART 3 GENERAL FINANCIAL POWERS Cross references: For the constitutional provision that establishes limitations on spending, the imposition of taxes, and the incurring of debt, see § 20 of article X of the state constitution. 31-15-301. Definitions. As used in this part 3, unless the context otherwise requires: (1) "Net effective interest rate" of a proposed issue of bonds means the net interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities. (2) "Net interest cost" of a proposed issue of bonds means the total amount of interest to accrue on said bonds from their date of issuance to their respective maturities plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds. Source: L. 75: Entire title R&RE, p. 1105, § 1, effective July 1. Editor's note: The provisions of this section are similar to several former provisions of § 31-12-101 (7)(e)(I) and (7)(e)(II) as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. 31-15-302. Financial powers - legislative declaration. (1) The governing bodies in municipalities shall have the following general powers in relation to the finances of the municipality: (a) To control the finances and property of the corporation; (b) To appropriate money for municipal purposes only and provide for payment of debts and expenses of the municipality; Colorado Revised Statutes 2019 Page 183 of 587 Uncertified Printout (c) To levy and collect taxes for general and special purposes on real and personal property; (d) (I) To contract indebtedness on behalf of the municipality and upon the credit thereof by borrowing money or issuing the bonds of the municipality for any public purpose of the municipality, including but not limited to the following purposes: Supplying water, gas, heating and cooling, and electricity; purchasing land; and purchasing, constructing, extending, and improving public streets, buildings, facilities, and equipment; and for the purpose of supplying a temporary deficiency in the revenue for defraying the current expenses of the municipality. (II) The total amount of indebtedness for all such purposes shall not at any time exceed three percent of the actual value, as determined by the assessor, of the taxable property in the municipality except such debt as may be incurred in supplying water. No loan for any purpose shall be made except by ordinance, which shall be irrepealable until the indebtedness provided for is fully paid or discharged, specifying the purposes to which the funds to be raised shall be applied and providing for the levying of a tax which, together with such other revenue, assets, or funds as may be pledged, is sufficient to pay the annual interest and extinguish the principal of said debt within the time limited for the debt to run, which, except such debt as may be incurred in supplying water, shall not be more than thirty years, and further providing that said tax, when collected, shall only be applied for the purposes specified in said ordinance until the indebtedness is paid and discharged. No debt shall be created, except in supplying water, unless the question of incurring the same is submitted, at a regular or special election of the municipality, to the registered electors thereof as defined by the "Colorado Municipal Election Code of 1965" and a majority of the registered electors voting upon the question vote in favor of creating such debt. (III) No statutory provisions of any other law limiting or fixing tax rates shall limit the provisions of this paragraph (d). (IV) Bonds issued under this paragraph (d) may mature serially during a period of not more than thirty years from the date thereof, in which event the amounts of such annual maturities shall be fixed by the governing body; except that bonds issued to supply water may mature over a longer period. If the governing body so determines, said bonds may be redeemable prior to maturity with or without payment of a premium, not exceeding three percent of the principal thereof. In any event said bonds shall be subject to call commencing not later than fifteen years after the date thereof. The right to redeem all or part of said bonds prior to their maturity and the order of any such redemption shall be reserved in the ordinance authorizing the issuance of bonds and shall be set forth on the face of said bonds. (V) The ordinance or resolution submitting the question of contracting an indebtedness shall contain a statement of the maximum net effective interest rate at which said indebtedness may be incurred. (VI) (A) The governing body of any municipality, having received approval at an election to issue bonds and having determined that the limitations of the original election question are too restrictive to permit the advantageous sale of the bonds so authorized, may submit at another regular or special election the question of issuing the bonds or any portion thereof at a higher maximum net effective interest rate than the maximum interest rate or maximum net effective interest rate approved at the original election; the question of issuing the bonds or any portion thereof to mature over a longer period of time than the maximum period of maturity approved at the original election; or both such questions. Colorado Revised Statutes 2019 Page 184 of 587 Uncertified Printout (B) An election held pursuant to this subparagraph (VI) shall be held in substantially the same manner as an election to authorize bonds initially except as may be required for the submission of the limited question permitted under this subparagraph (VI). (C) At an election held pursuant to this subparagraph (VI), if the changes submitted are not approved, such result shall not impair the authority of the governing body at a later time to issue the bonds originally approved within the limitations established at the first election. (e) To prescribe, by general ordinance, the manner in which the charge on the respective owners of lots or lands, and on the lots or lands, shall be assessed and determined for the purposes so authorized by law. Such charge, when assessed, shall be payable by the owners at the time of the assessment, personally, and also shall be a lien upon the respective lots or parcels of land from the time of the assessment. Such charge may be collected and such lien enforced by a proceeding at law or in equity, either in the name of such municipality or of any person to whom it has directed payment be made. In any such proceedings, where pleadings are required, it shall be sufficient to declare generally for work and labor done and materials furnished on the particular street, alley, or highway or for water rent or gas used. Proceedings may be instituted against all the owners, or any of them, to enforce the lien against all the lots or land, or each lot or parcel, or any number of them embraced in any one assessment; but the judgment or decree shall be entered separately for the amount properly chargeable to each. Any proceedings may be severed in the discretion of the court for the purpose of trial, review, or appeal. (f) (I) For the purpose of providing and accumulating funds for the construction, acquisition, or improvement of public buildings, water facilities, sewer facilities, heating and cooling works, or other public works or to supplement bond issues for the same purpose, the governing body of each municipality is authorized to create, by resolution, a public works fund, setting forth in such resolution the description and location of the buildings, water facilities, sewer facilities, heating and cooling works, or other public works to be constructed, acquired, or improved; the estimated cost of the same; the annual tax levy required; and the number of years such a levy should be made; and the time of a public hearing. In lieu of an ad valorem levy, the governing body of the municipality may provide for other taxes or revenues authorized by law which will produce equivalent funds. (II) If the amount needed does not require a tax levy in excess of two mills, the governing body is authorized, after a public hearing, to make such a levy without putting the proposition to a vote of the qualified electors. If a special levy in excess of two mills for any one fiscal year is required, the governing body, by resolution, in their discretion may submit to the registered electors of such municipality the question of making such a special levy. The special election may be held on the same day as any other special or general election. (III) In submitting the question to said electors, a ballot shall be printed giving the description and location of the public buildings, water facilities, sewer facilities, or other public works to be constructed, acquired, or improved; the estimated maximum amount to be expended for each single purpose; and the maximum mill levy, if any, required for each specified year. Each project shall be printed separately on the ballot. (IV) The money derived from the special levy authorized shall be credited by the treasurer of the respective municipality to a special fund to be known as the public works fund. Such funds may be accumulated and held over for expenditure in subsequent years, but they shall be used only for the public works authorized. The governing body may change the purpose for which the fund may be expended after holding a public hearing. When the public works have Colorado Revised Statutes 2019 Page 185 of 587 Uncertified Printout been constructed, acquired, or improved and paid for, any unexpended balance in the public works fund shall be transferred to the general fund of the municipality. (g) To deposit any moneys of general or special funds in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the governing body of a municipality may appoint, by written resolution, one or more persons to act as custodians of the moneys of the municipality. Such persons shall give surety bonds in such amounts and form and for such purposes as the governing body requires. (h) To enter into installment purchase contracts or shared-savings contracts or otherwise incur indebtedness under section 29-12.5-103, C.R.S., to finance energy conservation and energy saving measures and enter into contracts for an analysis and recommendations pertaining to such measures under section 29-12.5-102, C.R.S.; (i) (I) For a municipality that has a population of twenty thousand or fewer residents, to enter into contracts with a health care provider, who is licensed in this state, to provide health care services to such municipality. Such health care providers shall be known as "community contracted health care providers". (II) The general assembly hereby finds, determines, and declares that access to health care services in rural areas is an increasing problem in Colorado. Some rural Coloradans do not have access to a primary care provider in their town and are forced to travel. It is the intent of the general assembly to ease the strain on rural Coloradans' health care needs by allowing a municipality with twenty thousand or fewer residents to contract with a health care provider to provide health care services to rural areas. (III) (Deleted by amendment, L. 2008, p. 212, § 1, effective March 26, 2008.) Source: L. 75: Entire title R&RE, p. 1106, § 1, effective July 1. L. 79: (1)(g) added, p. 1618, § 20, effective June 8. L. 81: (1)(d)(I) and (1)(f)(I) amended, p. 1454, § 2, effective May 27. L. 91: (1)(h) added, p. 733, § 6, effective May 1. L. 2001: (1)(i) added, p. 1164, § 13, effective June 5. L. 2007: (1)(i)(III) amended, p. 2046, § 85, effective June 1. L. 2008: (1)(i) amended, p. 212, § 1, effective March 26. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. Cross references: (1) For the "Colorado Municipal Election Code of 1965", see article 10 of this title. (2) For the legislative declaration contained in the 2001 act enacting subsection (1)(i), see section 1 of chapter 300, Session Laws of Colorado 2001. PART 4 POLICE REGULATIONS 31-15-401. General police powers. (1) In relation to the general police power, the governing bodies of municipalities have the following powers: Colorado Revised Statutes 2019 Page 186 of 587 Uncertified Printout (a) To regulate the police of the municipality, including employing certified peace officers to enforce all laws of the state of Colorado notwithstanding section 16-2.5-201, and pass and enforce all necessary police ordinances; (b) To do all acts and make all regulations which may be necessary or expedient for the promotion of health or the suppression of disease; (c) To declare what is a nuisance and abate the same and to impose fines upon parties who may create or continue nuisances or suffer nuisances to exist; except that a municipal ordinance may impose liability on the owner of real property for a nuisance committed on the property by a tenant in lawful possession of the property only if the municipality notifies the property owner and tenant of the nuisance before a fine or other liability is imposed; (d) (I) To provide for and compel the removal of weeds, brush, and rubbish of all kinds from lots and tracts of land within such municipalities and from the alleys behind and from the sidewalk areas in front of such property at such time, upon such notice, and in such manner as such municipalities prescribe by ordinance, and to assess the whole cost thereof, including five percent for inspection and other incidental costs in connection therewith, upon the lots and tracts of land from which the weeds, brush, and rubbish are removed. The assessment shall be a lien against each lot or tract of land until paid and shall have priority over all other liens except general taxes and prior special assessments. (II) In case such assessment is not paid within a reasonable time specified by ordinance, it may be certified by the clerk to the county treasurer who shall collect the assessment, together with a ten percent penalty for cost of collection, in the same manner as other taxes are collected. The laws of this state for assessment and collection of general taxes, including the laws for the sale and redemption of property for taxes, shall apply to the collection of such assessments. (e) To prevent and suppress riots, routs, affrays, noises, disturbances, and disorderly assemblies in any public or private place; (f) To prevent fighting, quarreling, dog fights, cock fights, and all disorderly conduct; (g) To suppress bawdy and disorderly houses and houses of ill fame or assignation within the limits of the municipality or within three miles beyond, except where the boundaries of two municipalities adjoin the outer boundaries of the municipality; to suppress gaming and gambling houses, lotteries, and fraudulent devices and practices for the purpose of gaining or obtaining money or property; and to regulate the promotion or wholesale promotion of obscene material and obscene performances, as defined in part 1 of article 7 of title 18, C.R.S.; (h) To restrain and punish loiterers, mendicants, and prostitutes; (i) To prohibit and punish for cruelty to animals; (j) To establish and erect jails, correction centers, and reform schools for the reformation and confinement of loiterers and disorderly persons and persons convicted of violating any municipal ordinance, to make rules and regulations for the government of the same, and to appoint necessary officers and assistants therefor; (k) To use the county jail for the confinement or punishment of offenders, subject to such conditions as are imposed by law, and with the consent of the board of county commissioners; (l) To authorize the acceptance of a bail bond when any person has been arrested for the violation of any ordinance and a continuance or postponement of trial is granted. When such bond is accepted, it shall have the same validity and effect as bail bonds provided for under the criminal statutes of this state. Colorado Revised Statutes 2019 Page 187 of 587 Uncertified Printout (m) (I) To regulate and to prohibit the running at large and keeping of animals, including fowl, within the municipality and to otherwise provide for the regulation and control of such animals including, but not limited to, licensing, impoundment, and disposition of impounded animals. (II) In case any municipality neglects or refuses to pass an ordinance in conformity with this paragraph (m), anyone impounding an animal running at large within the limits of said municipality shall notify the state board of stock inspection commissioners, and said animal shall be disposed of by said board as provided in article 44 of title 35, C.R.S. (n) To regulate and license pawnbrokers as provided in section 29-11.9-102; (o) To enact and enforce ordinances prohibiting gambling and the use of any gambling device, as the terms are defined in section 18-10-102, in a park, on a public way, or on a street; except that in enacting and enforcing the ordinances, a municipality, notwithstanding any other provision of law to the contrary, may also prohibit social gambling in or on parks, public ways, or streets. Nothing in this subsection (1)(o) shall be construed as prohibiting pari-mutuel betting or wagering under article 32 of title 44. (p) (I) To adopt reasonable regulations for the operation of establishments open to the public in which persons appear in a state of nudity for the purpose of entertaining the patrons of such establishment; except that such regulations shall not be tantamount to a complete prohibition of such operation. Such regulations may include the following: (A) Minimum age requirements for admittance to such establishments; (B) Limitations on the hours during which such establishments may be open for business; and (C) Restrictions on the location of such establishments with regard to schools, churches, and residential areas. (II) The governing body of the municipality may enact ordinances which provide that any establishment which engages in repeated or continuing violations of regulations adopted by the governing body shall constitute a public nuisance. In addition to the power provided for in paragraph (c) of this subsection (1) the governing body of the municipality may bring an action for an injunction against the operation of such establishment in a manner which violates such regulations. (III) Nothing in the regulations adopted by the governing body of the municipality pursuant to this paragraph (p) shall be construed to apply to the presentation, showing, or performance of any play, drama, ballet, or motion picture in any theater, concert hall, museum of fine arts, school, institution of higher education, or other similar establishment as a form of expression of opinion or communication of ideas or information, as differentiated from the promotion or exploitation of nudity for the purpose of advancing the economic welfare of a commercial or business enterprise. (q) (I) To control and limit fires, including but not limited to the prohibition, banning, restriction, or other regulation of fires and the designation of places where fires are permitted, restricted, or prohibited. (II) Nothing in this paragraph (q) shall be construed to preempt or supercede state, tribal, or federal law concerning the control, limitation, or other regulation of fires described in this paragraph (q). Colorado Revised Statutes 2019 Page 188 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1108, § 1, effective July 1. L. 76: (1)(g) amended, p. 559, § 3, effective July 1. L. 77: (1)(g) amended, p. 985, § 2, effective July 1. L. 82: (1)(g) amended, p. 627, § 34, effective April 2. L. 84: (1)(o) added, p. 838, § 1, effective April 2; (1)(n) added, p. 443, § 3, effective July 1. L. 85: (1)(p) added, p. 1060, § 2, effective May 10. L. 86: (1)(g) amended, p. 784, § 7, effective April 21. L. 2002, 3rd Ex. Sess.: (1)(q) added, p. 38, § 4, effective July 17. L. 2005: (1)(c) amended, p. 550, § 1, effective January 1, 2006. L. 2017: (1)(a) amended, (SB 17-066), ch. 105, p. 386, § 3, effective April 4; (1)(n) amended, (SB 17-228), ch. 246, p. 1042, § 8, effective August 9. L. 2018: (1)(o) amended, (HB 18-1024), ch. 26, p. 324, § 19, effective October 1. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. Cross references: For requirement that a municipality be made a party in any proceeding involving the validity of an ordinance or franchise and that the attorney general be served with a copy in any proceeding involving the constitutionality of an ordinance or franchise, see § 13-51115 and C.R.C.P. 57(j); for the authority of counties to adopt regulations pursuant to their police powers, see § 30-15-401; for the penalty for livestock grazing on roads and in municipalities, see § 35-46-105. 31-15-402. Liability for violation of nuisance ordinance. (1) If a municipality serves upon an owner and tenant of real property notice of a violation of a nuisance ordinance committed by a tenant on property that the owner rents or leases to a tenant, the owner shall have the right to deliver written notice to the tenant to abate the nuisance. If the tenant does not abate the nuisance within five days after delivery of the notice, the owner may enter the exterior area of the property and abate the nuisance. (2) This section shall not be construed to prohibit a property owner from entering any area of the property under the terms of the lease with the tenant. (3) If the abatement of a nuisance pursuant to this section requires the removal of a motor vehicle from the property, the property owner may abate the nuisance only by hiring a towing carrier, as defined in section 40-10.1-101, C.R.S., to take the vehicle to a lot for storage under appropriate protection. (4) Unless the lease provides otherwise, the tenant shall be liable to the owner of the real property for the amount of the owner's direct costs in abating a nuisance pursuant to this section and for the amount of the fine imposed upon the owner on and after the date on which the tenant received notice of the nuisance from the municipality pursuant to section 31-15-401 (1)(c). (5) Nothing in this section shall be construed to limit a tenant's legal remedies for harm caused by a property owner to the tenant's person or to the tenant's property other than the property that is the subject of an abatement pursuant to this section. Source: L. 2005: Entire section added, p. 550, § 2, effective January 1, 2006. L. 2011: (3) amended, (HB 11-1198), ch. 127, p. 418, § 10, effective August 10. Colorado Revised Statutes 2019 Page 189 of 587 Uncertified Printout 31-15-403. Prohibition against the use of restraints on pregnant women in custody. A municipality that chooses to establish and operate a jail, as authorized in section 31-15-401 (1)(j), shall comply with the provisions of section 17-26-104.7, C.R.S., concerning the use of restraints on pregnant women in custody. Source: L. 2010: Entire section added, (SB 10-193), ch. 312, p. 1468, § 5, effective January 1, 2011. 31-15-404. Menstrual hygiene products for a person in custody. A municipality that chooses to establish and operate a jail, as authorized in section 31-15-401 (1)(j), shall comply with the provisions of section 17-26-104.3 concerning the provision of menstrual hygiene products to a person in custody at no expense to the person in custody. Source: L. 2019: Entire section added, (HB 19-1224), ch. 131, p. 589, § 6, effective April 25. Cross references: For the legislative declaration in HB 19-1224, see section 1 of chapter 131, Session Laws of Colorado 2019. PART 5 REGULATION OF BUSINESSES 31-15-501. Powers to regulate businesses. (1) The governing bodies of municipalities have the following powers to regulate businesses: (a) To prohibit within the limits of the municipality any offensive or unwholesome business or establishment and also to prohibit the carrying on of any business or establishment in an offensive and unwholesome manner within the limits of the municipality; (b) To compel the owner of any grocery, cellar, soap or tallow candlery, tannery, stable, pigsty, privy, sewer, or other unwholesome or nauseous house or place to cleanse, abate, or remove the same, and to regulate the location thereof; (c) To license, regulate, and tax, subject to any law of this state, any lawful occupation, business place, amusement, or place of amusements and to fix the amount, terms, and manner of issuing and revoking licenses issued therefor; except that, for purposes of the application of any occupational privilege tax, oil and gas wells and their associated production facilities have not been, are not, and shall not be considered an occupation or business place subject to such tax; (d) To direct the location and regulate the management and construction of slaughterhouses, packing houses, renderies, tallow candleries, bone factories, soap factories, tanneries, and dairies within the limits of the municipality; (e) To direct the location and regulate the use and construction of breweries, distilleries, livery stables, blacksmith shops, and foundries within the limits of the municipality; (f) (I) To license, regulate, and control the laying of railroad tracks, to provide for and change the location, grade, and crossing of any railroad, and to control, regulate, and prohibit the use of steam engines and locomotives propelled by steam power within the corporate limits; Colorado Revised Statutes 2019 Page 190 of 587 Uncertified Printout (II) To require railroad companies to fence their respective railroads or any portion of the same and to construct cattle guards at crossings of streets and public roads and keep the same in repair within the limits of the municipality; (III) To require railroad companies to keep flagmen at railroad crossings of streets and to provide protection against injury to persons and property in the use of such railroads; (IV) To compel such railroads to raise or lower their railroad tracks to conform to any grade which may at any time be established by such municipality and, when such tracks run lengthwise of any street, alley, or highway, to keep their tracks on a level with the street surface so that such tracks may be crossed at any place on such street, alley, or highway; (V) To compel and require railroad companies to make, keep open, and keep in repair ditches, drains, sewers, and culverts along and under their railroad tracks so that filthy or stagnant pools of water cannot stand on their grounds or rights-of-way and so that the natural drainage of adjacent property shall not be impeded; (g) To license, tax, regulate, suppress, and prohibit hucksters, peddlers, pawnbrokers, and keepers of ordinaries, theatrical and other exhibitions, shows, and amusements and to revoke such license at pleasure; (h) To license, tax, and regulate hackmen, omnibus drivers, carters, cabmen, porters, expressmen, and all others pursuing like occupations and to prescribe the compensation; (i) To license, regulate, tax, and restrain runners for stages, cars, public houses, or other things or persons; (j) To license, regulate, tax, or prohibit and suppress billiard, bagatelle, pigeonhole, or any other tables or implements kept or used for a similar purpose in any place of public resort and pin alleys and ball alleys; (k) To regulate the sale of meats, poultry, fish, butter, cheese, lard, vegetables, and all other provisions and to provide for the place and manner of selling the same. It is unlawful for any municipality to impose by ordinance or otherwise any license, assessment, or other charge upon any person bringing food products to such municipality for sale, either in bulk or by retail, from house to house if said food products were grown or raised by the person so having them for sale and are products of the state of Colorado. (l) To regulate the sale of bread in the municipality and to prescribe the weight and quality of the bread in the loaf; (m) To provide for and regulate the inspection of meats, poultry, fish, butter, cheese, lard, vegetables, flour, meal, and other provisions; (n) To provide for the inspection and sealing of weights and measures; (o) To enforce the keeping and use of proper weights and measures by vendors; (p) To tax, license, and regulate auctioneers, lumberyards, livery stables, public scales, money changers, and brokers; except that the exercise of their powers shall not interfere with sales made by sheriffs, tax collectors, coroners, marshals, executors, guardians, any assignees of insolvent debtors, bankrupts, or debtors under the federal bankruptcy code of 1978 (title 11 of the United States Code), or any other persons required by law to sell real or personal property at auction; (q) To tax, license, and regulate secondhand and junk stores, to forbid their purchasing or receiving from minors without the written consent of their parents or guardians any article, and to compel a record of purchases to be kept, subject at all times to the inspection by the police; Colorado Revised Statutes 2019 Page 191 of 587 Uncertified Printout (r) To charge a fee for a local license and establish licensing requirements on businesses engaged in the storage, extraction, processing, or manufacturing of industrial hemp, as defined in section 35-61-101 (7), or industrial hemp products, as defined in section 25-5-426 (2)(g.5). A municipality shall not impose additional food production regulations on industrial hemp processors or products if the regulations conflict with state law. (2) (a) Subject to the exemptions found in 8 U.S.C. sec. 1621 (c)(2), to the extent that any license, permit, certificate, or other authorization to conduct business issued by a municipality constitutes a professional license or commercial license regulated by 8 U.S.C. sec. 1621, the governing body of a municipality may issue such authorization to an individual only if the individual is lawfully present in the United States, and shall immediately deny any such authorization or renewal thereof upon determining that the individual is unlawfully present in the United States. The individual shall prove his or her identity with a secure and verifiable document, as that term is defined in section 24-72.1-102, C.R.S. A municipality shall not sell or utilize for any purpose other than those specified in law the information contained in the secure and verifiable document, and shall keep such information confidential unless disclosure is required by law; except that nothing in this paragraph (a) shall be construed to limit public access to records that are available for public inspection pursuant to article 72 of title 24, C.R.S. (b) For purposes of this subsection (2), an individual is unlawfully present in the United States if the individual is an alien who is not: (I) A qualified alien as defined in 8 U.S.C. sec. 1641; (II) A nonimmigrant under the "Immigration and Nationality Act", federal Public Law 82-414, as amended; or (III) An alien who is paroled into the United States under 8 U.S.C. sec. 1182 (d)(5) for less than one year. (c) This subsection (2) shall be enforced without regard to race, religion, gender, ethnicity, or national origin. Source: L. 75: Entire title R&RE, p. 1110, § 1, effective July 1. L. 80: (1)(p) amended, p. 785, § 12, effective June 5. L. 96: (1)(c) amended, p. 346, § 2, effective April 17. L. 99: (1)(a) and (1)(d) amended, p. 63, § 1, effective July 1. L. 2006, 1st Ex. Sess.: (2) added, p. 29, § 3, effective January 1, 2007. L. 2019: (1)(r) added, (SB 19-240), ch. 351, p. 3245, § 3, effective May 29. Editor's note: (1) The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. (2) Section 4 of chapter 351 (SB 19-240), Session Laws of Colorado 2019, provides that the act changing this section applies to conduct occurring on or after May 29, 2019. PART 6 BUILDING AND FIRE REGULATIONS Colorado Revised Statutes 2019 Page 192 of 587 Uncertified Printout 31-15-601. Building and fire regulations - emission performance standards required - reporting. (1) The governing bodies of municipalities have the following powers in relation to building and fire regulations: (a) To regulate the construction, repairs, and use of vaults, cisterns, areas, hydrants, pumps, sewers, and gutters; (b) To regulate partition fences and party walls; (c) To prescribe the thickness and strength of, and the manner of constructing, stone, brick, and other buildings and to prescribe the construction of fire escapes therein; (d) To prescribe the limits within which wooden buildings shall not be erected, or moved into from outside said limits or placed in or repaired without permission, to direct that any buildings within the fire limits, when the same have been damaged by fire, decay, or otherwise to the extent of fifty percent of the value, be torn down or removed, and to prescribe the manner of ascertaining such damage; (e) (I) To prevent the dangerous construction and condition of chimneys, fireplaces, hearths, stoves, stovepipes, ovens, and apparatus used in and about any factory and to cause the same to be removed or placed in a safe condition when considered dangerous; (II) To regulate and prevent the carrying on of manufacturing which causes and promotes fires; (III) To prevent the deposit of ashes in unsafe places and to cause all such buildings and enclosures as may be in a dangerous state to be put in a safe condition; (f) To provide for the inspection of steam boilers; (g) To compel the owners and occupants of houses and other buildings to have scuttles on the roof and stairs or ladders leading to the same and to compel the owners of all buildings over two stories in height to provide fire escapes; (h) To regulate the size, number, and manner of the construction of the doors and stairways of theaters, tenement houses, audience rooms, and all buildings used for the gathering of a large number of people, to provide convenient, safe, and speedy exits in case of fire; (i) To compel the owners of all lots with a building fronting on the street to provide a number on said building; (j) To regulate or prevent the storage and transportation of gunpowder, tar, pitch, resin, coal oil, benzine, turpentine, hemp, cotton, gasoline, nitroglycerine, petroleum, or any of the products thereof, and other combustible or explosive material within the municipal limits and to prescribe the limits within which any such regulations shall apply; to regulate the use of lights in garages, shops, and other places; to regulate or prevent the storage of gunpowder and other high explosives within the municipal limits or within one mile of the outer boundaries thereof; and to regulate and restrain the use of fireworks, firecrackers, torpedoes, roman candles, skyrockets, and other pyrotechnic displays; (j.5) To regulate fires consistent with the provisions of section 31-15-401 (1)(q); (k) To regulate and prohibit the keeping of any lumberyard and the placing, piling, or selling of any lumber, timber, wood, or other combustible material within the fire limits of the municipality and to regulate the storage of any combustible material at any place within the limits of the municipality; (l) To erect engine houses and provide fire engines, hose, hose carts, hooks and ladders, and other implements for the extinguishing of fires and provide for the use and management of the same by volunteer fire companies or otherwise; to determine the powers and duties of the Colorado Revised Statutes 2019 Page 193 of 587 Uncertified Printout members of the fire department in taking charge of property to the extent necessary to bring under control and extinguish any fire; to preserve and protect property not destroyed by fire; and to restrain persons from interfering with the discharge of the duties of the members of the fire department in connection with the fighting of any fire; (m) (I) To adopt an ordinance to authorize, in consultation with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality, the use of graywater, as defined in section 25-8-103 (8.3), C.R.S., in compliance with any regulation adopted pursuant to section 25-8-205 (1)(g), C.R.S., and to enforce compliance with the governing body's ordinance. (II) Before adopting an ordinance to authorize the use of graywater pursuant to subparagraph (I) of this paragraph (m), the municipal governing body is encouraged to enter into a memorandum of understanding with the local board of health, local public health agencies, and any water and wastewater service providers serving the municipality concerning graywater usage and the proper installation and operation of graywater treatment works, as defined in section 258-103 (8.4), C.R.S. (2) By the date established in section 25-7-407, C.R.S., every governing body of a municipality which has enacted a building code, and thereafter every governing body which enacts a building code, shall enact a building code provision to regulate the construction and installation of fireplaces in order to minimize emission levels. Such building code provision shall contain standards which shall be the same as or stricter than the approved emission performance standards for fireplaces established by the air quality control commission in the department of public health and environment pursuant to section 25-7-407, C.R.S. (3) By January 1, 2020, every governing body of a municipality which has enacted a building code and an energy code shall report the current version of their municipality's building and energy codes to the Colorado energy office. Thereafter, every governing body of a municipality is encouraged to report any change in their municipality's building and energy code to the Colorado energy office within a month of changing their municipality's building and energy codes. Source: L. 75: Entire title R&RE, p. 1111, § 1, effective July 1. L. 84: (2) added, p. 782, § 3, effective April 12. L. 87: (2) amended, p. 1144, § 9, effective June 16. L. 94: (2) amended, p. 2802, § 564, effective July 1. L. 2002, 3rd Ex. Sess.: (1)(j) amended and (1)(j.5) added, p. 38, § 5, effective July 17. L. 2005: (2) amended, p. 774, § 59, effective June 1. L. 2013: (1)(m) added, (HB 13-1044), ch. 228, p. 1089, § 5, effective May 15. L. 2019: (3) added, (HB 191260), ch. 357, p. 3285, § 3, effective August 2. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. Cross references: For the legislative declaration in the 2013 act adding subsection (1)(m), see section 1 of chapter 228, Session Laws of Colorado 2013. Colorado Revised Statutes 2019 Page 194 of 587 Uncertified Printout 31-15-602. Energy efficient building codes - legislative declaration - definitions repeal. (1) The general assembly hereby finds and declares that there is statewide interest in requiring an effective energy efficient building code for the following reasons: (a) Excessive energy consumption creates effects beyond the boundaries of the local government within which the energy is consumed because the production of power occurs in centralized locations. (b) Air pollutant emissions from energy consumption affects the health of the citizens throughout Colorado. (c) The strain on the grid from peak electric power demands is not confined to jurisdictional boundaries. (d) There is statewide interest in the reliability of the electrical grid and an adequate supply of heating oil and natural gas. (e) Controlling energy costs for residents and businesses furthers a statewide interest in a strong economy and reducing the cost of housing in Colorado. (f) More recent energy codes are more effective at ensuring building durability and structural integrity and protecting public health and safety through better: (I) Moisture management to prevent mold, mildew, and rot; (II) Airflow management; and (III) Protection during severe weather. (g) More recent energy codes incorporate newer building technologies, techniques, and materials and offer more options for builders. (h) Businesses and residents in low-income communities and rural areas of the state deserve at least the same durability, health and safety, and energy cost savings from energy efficient buildings as those in wealthier, urban, and suburban areas of the state. (2) As used in this section, unless the context otherwise requires: (a) "Building code" means regulations related to energy performance, electrical systems, mechanical systems, plumbing systems, or other elements of residential or commercial buildings. (b) "Energy code" means, at a minimum, one of the three most recent versions of the international energy conservation code published by the international code council. (c) "Office" means the Colorado energy office created in section 24-38.5-101, C.R.S. (3) The governing body of any municipality, when adopting or updating any other building codes, shall adopt and enforce an energy code that applies to the construction of, and renovations and additions to, all commercial and residential buildings in the municipality to which the building code applies. (4) (a) The energy code shall apply to any commercial or residential building in the municipality for which a building permit application is received subsequent to the adoption of the energy code. (b) (I) A municipality shall not charge permit, plan review, or any other related or associated fees to install an active solar electric or solar thermal device or system that, in aggregate, exceed the lesser of the municipality's actual costs in issuing the permit or five hundred dollars for a residential application or one thousand dollars for a nonresidential application if the device or system produces fewer than two megawatts of direct current electricity or an equivalent-sized thermal energy system, or that exceed the municipality's actual costs in issuing the permit if the device or system produces at least two megawatts of direct Colorado Revised Statutes 2019 Page 195 of 587 Uncertified Printout current electricity or an equivalent-sized thermal energy system. The municipality shall clearly and individually identify all fees and taxes assessed on an application subject to this subsection (4)(b)(I) on the invoice. The general assembly hereby finds that there is a statewide need for certainty regarding the fees that can be assessed for permitting such devices or systems, and therefore declares that this subsection (4)(b) is a matter of statewide concern. (II) This subsection (4)(b) is repealed, effective July 1, 2025. (5) The following buildings are exempt from subsections (3) and (4) of this section: (a) Any building that is otherwise exempt from the provisions of the building code adopted by the governing body of the municipality in which the building is located and buildings that do not contain a conditioned space; (b) Any building that does not use either electricity or fossil fuels for comfort heating. A building will be presumed to be heated by electricity even in the absence of equipment used for electric comfort heating if the building is provided with electrical service in excess of one hundred amps, unless the code enforcement official of the municipality determines that the electrical service is necessary for a purpose other than for providing electric comfort heating. (c) Historic buildings that are listed on the national register of historic places or Colorado state register of historic properties and buildings that have been designated as historically significant or that have been deemed eligible for designation by a local governing body that is authorized to make such designations; and (d) Any building that is exempt pursuant to the energy code. (6) Notwithstanding any other provisions of this section, the governing body of any municipality that is required to adopt an energy code may make any amendments to the energy code that the governing body deems appropriate for local conditions, so long as the amendments do not decrease the effectiveness of the energy code. (7) (a) The office shall ensure that information explaining the requirements of the energy code and describing acceptable methods of compliance is available to builders, designers, engineers, and architects. (b) The office shall provide the governing body of any municipality with technical assistance concerning the implementation and enforcement of the energy code. Source: L. 2007: Entire section added, p. 697, § 3, effective July 1. L. 2008: (2)(b) and (2)(c) amended, p. 72, § 11, effective March 18; (4) amended, p. 893, § 2, effective May 20. L. 2011: (4)(b) amended, (HB 11-1199), ch. 311, p. 1519, § 3, effective June 10. L. 2012: (2)(b) and (2)(c) amended, (HB 12-1315), ch. 224, p. 975, § 38, effective July 1. L. 2017: (4)(b) amended, (SB 17-179), ch. 170, p. 622, § 3, effective August 9. L. 2019: (1)(f), (1)(g), and (1)(h) added and (2)(b), (3), and IP(5) amended, (HB 19-1260), ch. 357, p. 3286, § 4, effective August 2. Cross references: In 2011, subsection (4)(b) was amended by the "Fair Permit Act". For the short title, see section 1 of chapter 311, Session Laws of Colorado 2011. PART 7 PUBLIC PROPERTY AND IMPROVEMENTS Colorado Revised Statutes 2019 Page 196 of 587 Uncertified Printout 31-15-701. Necessary buildings. The governing body of each municipality has the power to erect and care for all necessary public buildings for the use of the municipality. Source: L. 75: Entire title R&RE, p. 1113, § 1, effective July 1. Editor's note: The provisions of this section are similar to several former provisions of § 31-12-101 (19) as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. 31-15-702. Streets and alleys. (1) The governing body of each municipality has the power: (a) (I) To lay out, establish, open, alter, widen, extend, grade, pave, or otherwise improve streets, parks, and public grounds and vacate the same and to direct and regulate the planting of ornamental and shade trees in such streets, parks, and public grounds; to plant trees upon the same; to regulate the use of the same; to prevent and remove encroachments or obstructions upon the same; to provide for the lighting of the same; and to provide for the cleansing of the same; (II) To regulate the openings therein for the laying-out of gas or water mains and pipes, the building and repairing of sewers, tunnels, and drains, and the erecting of utility poles. Any company organized under the general laws of this state or any association of persons organized for the purpose of manufacturing energy to supply municipalities or the inhabitants thereof with the same has the right by consent of the governing body, but not without such consent, subject to existing rights, to erect factories and lay down pipes in the streets or alleys of any municipality in the state, subject to such regulations as any such municipality by ordinance may impose. (III) To regulate the use of sidewalks along the streets and alleys and all structures thereunder and to require the owner or occupant of any premises to keep the sidewalks, or along the same, free from snow and other obstructions; (IV) To regulate and prevent the throwing or depositing of ashes, garbage, or any offensive matter in and to prevent any injury to any street, park, or public ground; (V) To provide for and regulate crosswalks, curbs, and gutters; (VI) To regulate and prevent the use of streets, parks, and public grounds for signs, signposts, awnings, awning posts, and power and communications poles, and for posting handbills and advertisements; to regulate and prohibit the exhibition or carrying of banners, placards, advertisements, or handbills in the streets or public grounds or upon the sidewalks; and to regulate and prevent the flying of flags, banners, or signs across the streets or from houses; (VII) To regulate traffic and sales upon the streets, sidewalks, and public places and to regulate the speed of vehicles, cars, and locomotives within the limits of the municipality; (VIII) To regulate the numbering of houses and lots and to name and change the name of any street or other public place; (b) (I) To provide for the construction and maintenance of sidewalks, curbs, and gutters of such material and in such manner as shall be designated and to provide for paying the expenses thereof by special assessments upon the adjacent or abutting property, which assessments shall constitute a lien as provided in section 31-15-401 (1)(d)(I); (II) To grade, grade or gravel, or otherwise surface or improve streets and alleys and to assess the costs of such improvements upon the lots or lands adjacent to or abutting upon any Colorado Revised Statutes 2019 Page 197 of 587 Uncertified Printout street or alley or portion thereof so improved, which assessments shall constitute a lien as provided in section 31-15-401 (1)(d); (c) To grant, by ordinance and upon such terms and conditions as may be prescribed therein, to other municipalities the right-of-way through, over, across, and under streets and alleys for the purpose of laying, constructing, operating, maintaining, and repairing waterworks and all pipelines connected therewith; (d) To authorize the construction of mills and mill races, irrigating or mining ditches, and feeders on, through, or across the streets of the municipality at such places and under such restrictions as deemed proper. Source: L. 75: Entire title R&RE, p. 1113, § 1, effective July 1. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. 31-15-703. Improvements - petition - construction. (1) When the owners of sixty percent of the frontage of the lots or lands adjacent to or abutting upon any street or alley or designated portion thereof petition the governing body in writing to construct a sewer, including a storm sewer, in said street or alley or require sidewalks to be constructed along said street or alley or designated portion thereof, it is the duty of the governing body to order said improvement to be made, to assess the cost of said improvement against the lots or lands adjacent to or abutting upon said sidewalk, street, or alley so improved, and to collect the assessment as provided in sections 31-15-401 (1)(d) and 31-15-704. (2) When the governing body deems it necessary that any sewer, including a storm sewer, should be constructed, it shall construct the same, assess the cost thereof against the adjacent property, and collect the assessment as provided in sections 31-15-401 (1)(d) and 3115-704. When the governing body deems it necessary that any portion of a sidewalk, curb, and gutter be constructed or repaired, it may, on its own motion, order the same to be done, and if not constructed or repaired by the owner upon notice, the municipality may construct or repair the same, assess the costs thereof against the adjacent property owner, and collect the assessment as provided in sections 31-15-401 (1)(d) and 31-15-704. Source: L. 75: Entire title R&RE, p. 1114, § 1, effective July 1. Editor's note: This section is similar to former § 31-15-302 as it existed prior to 1975. 31-15-704. Collection of assessments. When the cost of any improvement provided for in sections 31-15-702 (1)(b) and 31-15-703 is assessed against the owners of adjacent or abutting property and the assessment is not paid within thirty days, the clerk shall certify said assessment to the treasurer of the county who shall extend said assessment upon his tax roll and collect it in the same manner as other taxes assessed upon said property. Source: L. 75: Entire title R&RE, p. 1114, § 1, effective July 1. Colorado Revised Statutes 2019 Page 198 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-15-303 as it existed prior to 1975. 31-15-705. Construction of highway - petition - notice - election - tax. Any municipality may aid in the construction and repair of any highway leading thereto by appropriating a portion of the highway tax belonging to said municipality, not exceeding fifty percent thereof annually, as provided in this section. When a petition signed by twenty of the registered electors of said municipality asking that the question of aiding in the construction or repair of any highway leading thereto be submitted to the registered electors thereof is presented to the governing body, the governing body immediately shall give notice of a special election. Said notice shall specify the date of such election, the particular highway proposed to be aided, and the proportion of the highway tax then levied and not expended or next thereafter to be levied to be appropriated. The election shall be conducted in accordance with the provisions of the "Colorado Municipal Election Code of 1965". The question on the ballot or voting machine tabs shall be "Appropriation" or "No appropriation". If a majority of the votes polled are for appropriation, the governing body may aid in the construction and repair of said highway to the extent of the appropriation in the same manner as they otherwise would if said highway were within the municipal limits of said municipality. No part of such highway tax shall be expended more than two miles from the limits of such municipality. Source: L. 75: Entire title R&RE, p. 1114, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-103 as it existed prior to 1975. Cross references: For the "Colorado Municipal Election Code of 1965", see article 10 of this title. 31-15-706. Railroad track. (1) The governing body of each municipality has the power to grant the use of, or the right to lay down, any railroad track in any street of the municipality to any steam or street railroad company operating its cars, by any kind of mechanical motive power, only upon the written consent of the owners of the land representing more than one-half of the frontage of the street or so much thereof as is sought to be used for railroad purposes. No franchise shall be granted on that part of any street upon which any other company is operating cars without the written consent of a majority of the frontage owners in every block abutting the track already down upon said street. (2) The governing body of each municipality has the power to extend, by condemnation or otherwise, any street, alley, or highway over or across or to construct any sewer under or through any railroad track, right-of-way, or land of any railroad company within the corporate limits, but where no compensation is made to such railroad company, the municipality shall restore such railroad track, right-of-way, or land to its former state or in a sufficient manner not to have impaired its usefulness. Source: L. 75: Entire title R&RE, p. 1115, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-101 (75) and (76) as it existed prior to 1975. Colorado Revised Statutes 2019 Page 199 of 587 Uncertified Printout 31-15-707. Municipal utilities. (1) The governing body of each municipality has the power: (a) (I) To acquire waterworks, gasworks, and gas distribution systems for the distribution of gas of any kind or electric light and power works and distribution systems, or heating and cooling works and distribution systems for the distribution of heat and cooling obtained from geothermal resources, solar or wind energy, hydroelectric or renewable biomass resources, including waste and cogenerated heat, and all appurtenances necessary to any of said works or systems or to authorize the erection, ownership, operation, and maintenance of such works and systems by others. No such works or systems, except waterworks, shall be acquired or erected by a municipality until the question of acquiring or erecting the same is submitted at a regular or special election and approved in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d) and in accordance with the requirements of law, including requirements of law relating to the acquisition and financing of public utilities by municipalities. The question of acquiring or erecting a waterworks need not be so submitted and approved at an election. (II) All such works or systems authorized by any municipality to be erected by others or the franchise of which is extended or renewed shall be authorized, extended, or renewed upon the express condition that such municipality has the right and power to purchase or condemn any such works or systems at their fair market value at the time of purchasing or condemning such works or systems, excluding all value of the franchise or right-of-way through the streets and also excluding any value by virtue of any contract for hydrant or private rental or otherwise entered into with the municipality in excess of the fair market value of the works or systems. If, after an election conducted in the manner prescribed in section 31-15-302 (1)(d), the municipality is authorized to acquire any of said works or systems after granting a franchise therefor to any person, the municipality shall purchase or condemn such works or systems within the municipal limits then utilized in serving the inhabitants of such municipality at their fair market value. Nothing in this subparagraph (II) shall require such municipality to purchase or condemn all or any part of such works or systems which is obsolete or which has outworn its usefulness. (III) If the municipality elects to purchase such works or systems and if the parties in interest cannot agree on the purchase price, they shall enter into a written agreement to arbitrate the matter and to abide by the award of the arbitrators, in which event each party shall choose an arbitrator to determine their fair market value. If the two arbitrators cannot agree on the fair market value, they shall choose a third disinterested arbitrator, and the award of any two arbitrators shall be final and binding upon the parties. (IV) Nothing in this paragraph (a) shall authorize the condemnation or purchase of any such works or systems within twenty years after the granting of any franchise therefor, except at periods of ten or fifteen years thereafter, without the consent of the owner of the franchise. (b) To construct or authorize the construction of such waterworks without their limits and, for the purpose of maintaining and protecting the same from injury and the water from pollution, their jurisdiction shall extend over the territory occupied by such works and all reservoirs, streams, trenches, pipes, and drains used in and necessary for the construction, maintenance, and operation of the same and over the stream or source from which the water is taken for five miles above the point from which it is taken and to enact all ordinances and regulations necessary to carry the power conferred in this paragraph (b) into effect; Colorado Revised Statutes 2019 Page 200 of 587 Uncertified Printout (c) To make such grant to inure for a term of not more than twenty-five years when the right to build and operate such water, gas, heating and cooling, or electric light works is granted to a person by said municipality and to authorize such person to charge and collect from each person supplied by them with water, gas, heat, cooling, or electric light such water, gas, heat, cooling, or electric light rent as may be agreed upon between the person building said works and said municipality; and to enter into a contract with the person constructing said works to supply said municipality with water for fire purposes and for such other purposes as may be necessary for the health and safety thereof and also with gas, heat, cooling, and electric light and to pay therefor such sums as may be agreed upon between said contracting parties; (d) To assess from time to time, when constructing such water, gas, heating and cooling, or electric light works and in such manner as it deems equitable, upon each tenement or other place supplied with water, gas, heat, cooling, or electric light, such water, gas, heat, cooling, or electric light rent as may be agreed upon by the governing body. Gas, heat, cooling, and electric light shall be charged for according to use. At the regular time for levying taxes in each year, said municipality is empowered to levy and cause to be collected, in addition to the other taxes authorized to be levied, a special tax on taxable property in said municipality. Such tax, with the water, gas, heat, cooling, or electric light rents hereby authorized, shall be sufficient to pay the expenses of running, repairing, and operating such works. If the right to build, maintain, and operate such works is granted to a person by a municipality and the municipality contracts with said person for the supplying of water, gas, heat, cooling, or electric light for any purpose, such municipality shall levy each year and cause to be collected a special tax, as provided for in this paragraph (d), sufficient to pay off such water, gas, heat, cooling, or electric light rents so agreed to be paid to said person constructing said works. The tax shall not exceed the sum of three mills on the dollar for any one year. (e) To condemn and appropriate so much private property as is necessary for the construction and operation of water, gas, heating and cooling, or electric light works in such manner as may be prescribed by law; and to condemn and appropriate any water, gas, heating and cooling, or electric light works not owned by such municipality in such manner as may be prescribed by law for the condemnation of real estate. Source: L. 75: Entire title R&RE, p. 1115, § 1, effective July 1. L. 77: (1)(a)(I) amended, p. 1462, § 1, effective May 16. L. 81: (1)(a)(I) and (1)(c) to (1)(e) amended, p. 1455, § 3, effective May 27. Editor's note: This section is similar to former § 31-12-101 as it existed prior to 1975. 31-15-708. Water and water systems. (1) The governing body of each municipality has the power: (a) To construct public wells, cisterns, and reservoirs in the streets and other public and private places within the municipality or beyond the limits thereof for the purpose of supplying the same with water, to provide proper pumps and conducting pipes or ditches, to regulate the distribution of water for irrigating and other purposes, and to levy an equitable and just tax upon all consumers of water for the purpose of defraying the expense of such improvements; (b) (I) To take water in sufficient quantity, for the purpose provided in paragraph (a) of this subsection (1), from any stream, creek, gulch, or spring in this state. If the taking of such Colorado Revised Statutes 2019 Page 201 of 587 Uncertified Printout water in such quantity materially interferes with or impairs the vested right of any person residing upon such creek, gulch, or stream or doing any milling or manufacturing business thereon, the governing body shall first obtain the consent of such person or acquire the right of domain by condemnation as prescribed by law and make full compensation or satisfaction for all the damages thereby occasioned to such person. (II) When it is deemed necessary by any municipality to enter upon or take private property for any of the uses set forth in this section, the property shall be examined and appraised and the damages thereon assessed. The proceedings shall be in all respects the same as provided by articles 1 to 7 of title 38, C.R.S., for the taking of private property for public or private use. (c) To regulate the water supply used in said municipality for domestic or household purposes and to prohibit and condemn the use of any and all surface wells and the waters thereof for domestic or household purposes when the same are found injurious to the health of said municipality or of the inhabitants thereof; (d) To supply water from its water system to consumers outside the municipal limits of the municipality and to collect such charges upon such conditions and limitations as said municipality may impose by ordinance. Source: L. 75: Entire title R&RE, p. 1117, § 1, effective July 1. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. 31-15-709. Sewers and sewer systems. (1) The governing body of each municipality has the power: (a) To construct and keep in repair culverts, drains, sewers, water mains, and cesspools and to regulate their use; and to assess, either in whole or in part, the cost of the construction of sewers, water mains, and drains upon the lots or lands adjacent to and opposite the improvements in proportion to the frontage of such lots or lands abutting upon the street in which such sewer, water main, or drain is to be laid. The cost of such sewer, water main, or drain at street intersections or crossings shall be wholly paid for by the municipality. The benefit to the public generally, if any, shall be determined by ordinance and shall be assessed against such municipality, and the balance shall be assessed against the lots or lands and the owners thereof according to the frontage. (b) To establish a system of sewerage and for that purpose to divide the municipality into districts; to impose a special assessment or tax to defray the expense of constructing such sewers upon private property within such district or upon the lots or lands adjacent to or abutting upon the street where said sewer is laid; to compel the owners of any buildings located in said district and on blocks abutting on any established sewer to connect with such sewer; to prohibit the keeping or maintaining of any vault, closet, privy, or cesspool within said district or within four hundred feet of any established sewer; and to regulate the construction, maintenance, and use of all vaults, closets, privies, and cesspools within the municipal limits and not within said prohibited districts or in proximity to an established sewer. Colorado Revised Statutes 2019 Page 202 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1118, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-12-101 (22) and 31-15-301 (1)(f) as they existed prior to 1975. 31-15-710. Water pollution control. (1) The governing body of each municipality has the power: (a) To provide for the cleansing and purification of water, watercourses, and canals and the draining or filling of ponds on private property when necessary to prevent or abate nuisances; and for the purpose of aiding in the prevention and abatement of water pollution all municipalities are authorized: (I) To apply for and to accept grants or loans or any other aid from the United States or any agency or instrumentality thereof under any federal law in force; (II) To construct, reconstruct, lease, improve, better, and extend sewerage facilities and sewage treatment works wholly within or wholly without the municipality or partially within and partially without the municipality; (III) To issue its general obligation bonds or other general obligations for said purpose pursuant to and within the limitations prescribed by section 31-15-302 (1)(d) and to issue its revenue bonds or obligations for such purpose pursuant to law; (IV) To provide that such bonds or obligations or any part thereof may be sold to the state of Colorado, the United States, or any agency or instrumentality of either at private sale and without advertisement; (V) To cooperate with other local public bodies and with state agencies and institutions by contract for the joint construction and financing of sewerage facilities and sewage treatment works and the maintenance and operation thereof; (VI) To enter into joint operating agreements with industrial enterprises and to accept gifts or contributions from such industrial enterprises for the construction, reconstruction, improvement, betterment, and extension of sewerage facilities and sewage treatment works. When determined by its governing body to be in the public interest and necessary for the protection of public health, a municipality is authorized to enter into and perform contracts, whether long-term or short-term, with an industrial establishment for the provision and operation by the municipality of sewerage facilities to abate or reduce the pollution of waters caused by discharges of industrial wastes by the industrial establishment and the payment periodically by the industrial establishment to the municipality of amounts at least sufficient, in the determination of such governing body, to compensate the municipality for the cost of providing, including payment of principal and interest charges, if any, and of operating and maintaining the sewerage facilities serving such industrial establishment. Source: L. 75: Entire title R&RE, p. 1118, § 1, effective July 1. L. 2019: (1)(a)(VI) amended, (HB 19-1071), ch. 17, p. 62, § 2, effective August 2. Editor's note: This section is similar to former § 31-12-101 (24) as it existed prior to 1975. Colorado Revised Statutes 2019 Page 203 of 587 Uncertified Printout Cross references: For the legislative declaration in HB 19-1071, see section 1 of chapter 17, Session Laws of Colorado 2019. 31-15-711. Other public improvements. (1) The governing body of each municipality has the power: (a) To deepen, widen, dock, cover, wall, alter, or change the channel of watercourses; (b) To establish markets and market houses and provide for the regulation and use thereof. No charge or assessments of any kind shall be levied on any truck or other vehicle, or on the owner thereof, bringing produce or provisions to any of the markets in the municipality, for standing in or occupying a place in any of the marketplaces of the municipality or in the streets contiguous thereto on market days and evenings previous thereto. The governing body has full power to prevent forestalling, to prohibit or regulate huckstering in the markets, and to prescribe the kind and description of articles which may be sold and the stands and places to be occupied by the vendors. The governing body may authorize the immediate seizure, arrest, or removal from the markets of any person violating its regulations as established by ordinance, together with any article of produce in his possession, and additionally may authorize the immediate seizure and destruction of tainted or unsound meat or other provisions. (c) To establish and operate at public expense municipal slaughterhouses and cold storage plants where animals may be slaughtered at the cost of labor and other necessary expense, held in cold storage, and delivered to the owners or sold. Any municipality establishing and operating such slaughterhouse shall charge a reasonable fee for the slaughter of animals and the storage of meat, and said fees shall be used to pay the necessary expenses of conducting the business. (d) To provide for and regulate public scales and to require the vendors of coal, hay, and like articles of merchandise, when requested to do so by the purchaser of such articles, to weigh the same upon the public scales before delivering the same to their customer or vendees; (e) To erect, establish, and maintain public hospitals, medical dispensaries, and other suitable places of relief. No such hospitals, medical dispensaries, or other suitable places of relief shall be established, acquired, or erected by a municipality unless the question is submitted at a regular or special election and approved in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d) and unless such municipality does not have a general licensed medical and surgical hospital in operation within its municipal limits within the twelve months immediately preceding said election. (f) To provide by ordinance for the construction, maintenance, and operation of public parking facilities, buildings, stations, or lots and to pay for their cost by general tax levy or otherwise or by the issuance of bonds of such municipality, which bonds may be retired by revenues assessed and collected as rentals, fees, or charges from the operation of such facilities or from parking meter rentals or charges; (g) To develop, maintain, and operate mass transportation systems, either individually or jointly with any government, county, or other political subdivision, pursuant to the provisions of part 2 of article 1 of title 29, C.R.S.; (h) To construct and keep in repair bridges, viaducts, and tunnels and regulate their use and to establish within the municipal limits all toll bridges and ferries, license and regulate the same, and, from time to time, fix tolls thereon; Colorado Revised Statutes 2019 Page 204 of 587 Uncertified Printout (i) To construct, maintain, and operate safety measures that are necessary to allow the municipality to restrict the sounding of locomotive horns at highway-rail grade crossings in compliance with 49 U.S.C. sec. 20153, as amended, and the applicable rules of the federal railroad administration. The governing body of the municipality shall construct, maintain, and operate the safety measures in accordance with the provisions of section 40-4-106, C.R.S., and the standards of safety prescribed by the public utilities commission pursuant to section 40-29110, C.R.S. (j) To provide in the municipal budget for programs that support education and outreach on environmental sustainability and for financing capital improvements for energy efficiency retrofits and the installation of renewable energy fixtures, as defined in section 30-11-107.3, C.R.S., for private residences and commercial property within the municipality but that do not exempt the municipality from the requirements of any other statute; (k) To encourage homeowners to participate in utility demand-side management programs where applicable. Source: L. 75: Entire title R&RE, p. 1119, § 1, effective July 1. L. 2006: (1)(i) added, p. 348, § 3, effective August 7. L. 2008: (1)(j) and (1)(k) added, p. 1299, § 20, effective May 27. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. 31-15-711.5. Municipal jails - sanitary standards. Any municipality that chooses to establish and operate a jail, as authorized in section 31-15-401 (1)(j), that begins operations on or after August 30, 1999, may establish sanitary standards for such jail relating to space requirements, furnishing requirements, required special use areas or special management housing, and environmental condition requirements, including but not limited to standards pertaining to light, ventilation, temperature, and noise level. If a municipality does not adopt standards pursuant to this section, the jail operated by or under contract with the municipality shall be subject to the standards adopted by the department of public health and environment pursuant to section 25-1.5-101 (1)(i), C.R.S. In establishing such standards, the municipality is strongly encouraged to consult with national associations that specialize in policies relating to correctional institutions. Source: L. 2000: Entire section added, p. 803, § 3, effective May 24. L. 2003: Entire section amended, p. 715, § 57, effective July 1. 31-15-712. Public improvements by contract - cities. All work done by the city in the construction of works of public improvement of five thousand dollars or more shall be done by contract to the lowest responsible bidder on open bids after ample advertisement. It shall be unlawful for any person to divide a works of public improvement construction into two or more separate projects for the sole purpose of evading or attempting to evade the requirement that works of public improvement construction costing five thousand dollars or more be submitted to open bidding, unless the total cost of any such project would be less if divided into two or more projects than if submitted to open bidding as one project. If no bids are received or if, in the Colorado Revised Statutes 2019 Page 205 of 587 Uncertified Printout opinion of the city council, all bids received are too high, the city may enter into negotiations concerning the contract. No negotiated price shall exceed the lowest responsible bid previously received. The city is not required to advertise for and receive bids for such technical, professional, or incidental assistance as it may deem wise to employ in guarding the interest of the city against the neglect of contractors in the performance of such work. Source: L. 75: Entire title R&RE, p. 1120, § 1, effective July 1. L. 79: Entire section amended, p. 1186, § 1, effective May 18. Editor's note: This section is similar to former § 31-15-103 as it existed prior to 1975. 31-15-713. Power to sell public works - real property. (1) The governing body of each municipality has the power: (a) To sell and dispose of waterworks, ditches, gasworks, geothermal systems, solar systems, electric light works, or other public utilities, public buildings, real property used or held for park purposes, or any other real property used or held for any governmental purpose. Before any such sale is made, the question of said sale and the terms and consideration thereof shall be submitted at a regular or special election and approved in the manner provided for authorization of bonded indebtedness by section 31-15-302 (1)(d). (b) To sell and dispose of, by ordinance, any other real estate, including land acquired from the federal government, owned by the municipality upon such terms and conditions as the governing body may determine at a regular or special meeting. With respect to such land acquired from the federal government, which land is located within or contiguous to the municipality, such terms and conditions shall be designed to prevent speculation and assure that benefits accrue to the municipality when the sale or disposition of said land is for municipal expansion or residential purposes. Nothing in this paragraph (b) or in section 31-15-101 (1) shall be construed to invalidate the acceptance of federal land by a municipality or the sale and disposal by a municipality of land acquired from the federal government, where such acceptance or disposal was consummated prior to April 1, 1976, and municipal authority for any such acceptance or disposal is hereby confirmed. (c) To lease any real estate, together with any facilities thereon, owned by the municipality when deemed by the governing body to be in the best interest of the municipality. Any lease for a period of more than one year shall be by ordinance. Any lease for one year or less than one year shall be by resolution or ordinance. (2) All leases and deeds of conveyance executed and acknowledged by the proper officers of such municipalities and purporting to have been made pursuant to the provisions of this section shall be deemed prima facie evidence of due compliance with all the requirements of this section. (3) Any town holding title to any land settled and occupied as the site of such town pursuant to and by virtue of the act of congress entitled "An Act for the relief of the inhabitants of cities and towns upon the public lands.", approved March 2, 1867, 43 U.S.C. sections 718723, and an act of congress entitled "An Act respecting the limits of reservations for town sites upon the public domain.", 43 U.S.C. sections 725-727, and any amendments thereto may dispose of and convey the title to such land in the manner provided in this section. Colorado Revised Statutes 2019 Page 206 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1120, § 1, effective July 1. L. 76: (1)(b) amended, p. 697, § 2, effective April 6. Editor's note: (1) The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. (2) 43 U.S.C. secs. 718-723 and 725-727, referenced in subsection (3), were repealed, effective October 21, 1976. A savings provisions was contained in the act repealing said sections, stating "repeal by Pub. L. 94-579 not to be construed as terminating any valid lease, permit, patent . . . existing on Oct. 21, 1976", and said references have been left in this section for historical reference. 31-15-714. Oil and gas leases - unit agreements. (1) The governing body of each municipality has the power: (a) To lease any real estate or any interest therein owned by the municipality for oil and gas exploration, development, and production purposes, upon such terms and conditions as may be prescribed and contracted by the governing body in the exercise of its best judgment and as such governing body deems to be in the best interests of the municipality. Any such lease of oil and gas rights shall be for a term not to exceed ten years and as long thereafter as oil or gas is produced and shall provide for a royalty of not less than twelve and one-half percent of all oil or gas produced, saved, and marketed or the equivalent market value thereof, which royalty may be reduced proportionately under appropriate provision in such lease if the interest of the municipality is less than a full interest in the land or oil and gas rights in the land described in such lease. When, in the opinion of the governing body and because of the size, shape, or current use of any tract of real estate owned by said municipality, the best interest of the municipality so requires, any such lease of such tract may provide that no drilling shall be conducted on the land covered thereby, in which case such lease shall be for a term not to exceed ten years and so long thereafter as the municipality may share in royalties payable on account of production of oil or gas from lands adjacent to such tract so leased. (b) To enter into, on behalf of the municipality, when deemed by the governing body to be in the best interest of the municipality, any agreement providing for the pooling, unitization, or consolidation of acreage covered by any oil and gas lease executed by such municipality with other acreage for oil and gas exploration, development, and production purposes and providing for the apportionment or allocation of royalties among the separate tracts of land included in such unit or pooling agreement on an acreage or other equitable basis and, by such agreement, with the consent of the lessee under such lease, to change any of the provisions of any such lease issued by such municipality, including the term of years for which such lease was originally granted and any drilling requirements contained therein, in order to conform such lease to the terms and provisions of such unit or pooling agreement and to facilitate the efficient and economic production of oil and gas from the unit lands. (2) All leases of oil and gas or rights therein and all unit agreements relating to or dealing with oil and gas and containing provisions similar to those set forth in this section affecting municipal lands made or entered into by any municipality prior to April 16, 1953, acting by its governing body, are hereby confirmed, validated, and declared to be legal and valid in all respects. Colorado Revised Statutes 2019 Page 207 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1121, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-104 as it existed prior to 1975. 31-15-715. Legislative declaration concerning landfill gas. The general assembly hereby declares that landfill gas constitutes a hazard to the health, welfare, and safety of the people of this state, whether such gas has accumulated as a result of a public or private landfill operation, and that the extraction of landfill gas will ameliorate this dangerous condition, and further declares that the development of landfill gas will provide a valuable, alternate energy resource to the citizens of this state. In order to diminish this hazard and utilize this energy resource, the powers of municipalities are hereby expanded to authorize landfill gas exploration, development, and production; the financing thereof; the marketing and sale of landfill gas to any public or private person or entity; and the municipal use thereof for any purpose. Source: L. 80: Entire section added, p. 653, § 5, effective July 1. 31-15-716. Municipal authority relating to landfill gas. (1) To accomplish the purposes specified in section 31-15-715, municipalities are granted the following powers: (a) To acquire, hold, use, transfer and convey any real property or any interest therein, in fee or a leasehold interest, for purposes of landfill gas exploration, production, and development; (b) To engage in any and all activities respecting the exploration, development, production, distribution, marketing, and sale of landfill gas to any person or public or private entity, or for municipal uses; (c) (I) To acquire by gift, purchase, or condemnation necessary easements and rights-ofway, for ingress and egress and for the installation of facilities related to collection and distribution of landfill gas; except that the power of condemnation granted in this paragraph (c) shall not extend to acquisition of landfill gas in place nor shall such power be available to a municipality until the municipality has entered into a contract with the owner of such landfill gas for the development, extraction, and purchase of such landfill gas, and except that such condemnation shall not interfere with the normal use of any real property, or other property appurtenant thereto, which is devoted or dedicated to a public utility use or upon which landfill gas abatement or recovery facilities have been placed in operation and shall be limited to the maximum reasonable width or area necessary to install, operate, and maintain such rights-ofway, ingress and egress, and collection and distribution facilities. (II) Any interest in real property acquired by condemnation pursuant to this paragraph (c) shall terminate upon the completion of use of such real property, or any interest therein, for landfill gas operations, and any such condemnation shall be in the manner provided in part 1 of article 6 of title 38, C.R.S. (d) To enter into contracts, including intergovernmental contracts, and to perform all acts necessary to produce, distribute, and market landfill gas; (e) To issue general obligation bonds, after approval of the qualified electors of the municipality, for purposes of financing the exploration, development, production, distribution, and marketing of landfill gas; (f) To issue revenue bonds authorized by action of the city council or comparable legislative body, without the approval of the qualified electors of the municipality, for purposes Colorado Revised Statutes 2019 Page 208 of 587 Uncertified Printout of financing the exploration, development, production, distribution, and marketing of landfill gas. Such revenue bonds shall be issued in the manner provided in part 4 of article 35 of this title for the issuance of revenue bonds by municipalities; except that such revenue bonds may be sold in one or more series at par, or below or above par, at public or private sale, in such manner and for such price as the municipality, in its discretion, shall determine. Such revenue bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the municipality within the meaning of any provision or limitation of the state constitution, statutes, or home rule charter, and shall not constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers, and such revenue bonds and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes. (2) For the purposes of this section, "landfill-generated methane gas" means those gases resulting from the biological decomposition of landfilled solid wastes, including methane, carbon dioxide, hydrogen, and traces of other gases, and shall be referred to in this part 7 as "landfill gas". Source: L. 80: Entire section added, p. 653, § 5, effective July 1. Cross references: For county provisions concerning landfill gas, see §§ 30-11-306 and 30-11-307. PART 8 LONG-TERM RENTALS AND LEASEHOLDS 31-15-801. Agreements - ordinance - financing. In order to provide necessary land, buildings, equipment, and other property for governmental or proprietary purposes, any municipality is authorized to enter into long-term rental or leasehold agreements, but in no event shall this be construed as authorizing the use by any municipality of leasehold agreements to finance residential housing. Such agreements may include an option to purchase and acquire title to such leased or rented property within a period not exceeding the useful life of such property and in no case exceeding thirty years. Each such agreement and the terms thereof shall be concluded by an ordinance duly enacted by the municipality. No such ordinance shall take effect before thirty days after its passage and publication. The governing body of any municipality is authorized to provide for the payment of said rentals from a general levy imposed upon both personal and real property included within the boundaries of the municipality; by imposing rates, tolls, and service charges for the use of such property or any part thereof by others; from any other available municipal income; or from any one or more of the said sources. The obligation to pay such rentals shall not constitute an indebtedness of said municipality within the meaning of the constitutional limitations on contracting of indebtedness by municipalities. Source: L. 75: Entire title R&RE, p. 1122, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-501 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 209 of 587 Uncertified Printout 31-15-802. Tax exemption. Property acquired or occupied pursuant to this part 8 shall be exempt from taxation so long as used for authorized governmental or proprietary functions of municipalities. Source: L. 75: Entire title R&RE, p. 1122, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-502 as it existed prior to 1975. 31-15-803. Enforceability. Purchase or leasehold agreements entered into by any municipality pursuant to this part 8 shall be enforceable in any court of competent jurisdiction. Source: L. 75: Entire title R&RE, p. 1122, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-503 as it existed prior to 1975. PART 9 MISCELLANEOUS POWERS 31-15-901. Miscellaneous powers. (1) The governing body of each municipality has the power: (a) To appropriate money in an amount not exceeding six-tenths of one mill on the valuation for assessment for the purpose of giving public concerts and entertainments by such municipality; (b) To appropriate moneys for the purpose of advertising or marketing the business, social, and educational advantages, the natural resources, and the scenic attractions of such municipality; (c) To aid and foster, by all lawful measures, associated charity organizations by appropriations and to grant the use of suitable rooms in the municipal buildings. No portion of any money so appropriated shall be given or loaned to any society, corporation, association, or institution that may be wholly or in part under sectarian or denominational control. (d) Repealed. Source: L. 75: Entire title R&RE, p. 1122, § 1, effective July 1. L. 93: (1)(d) added, p. 347, § 5, effective April 12. L. 98: (1)(c) amended, p. 334, § 1, effective April 17; (1)(d) repealed, p. 826, § 42, effective August 5. L. 2008: (1)(b) amended, p. 5, § 2, effective July 1. Editor's note: This section is similar to former §§ 31-12-101 and 31-15-201 as they existed prior to 1975. 31-15-902. Deferred compensation plans. (1) Notwithstanding any other provision of law, a municipality and its employees may participate in the deferred compensation plan of the international city management association retirement corporation, a nonprofit corporation approved by the United States internal revenue service for establishing a retirement plan. No Colorado Revised Statutes 2019 Page 210 of 587 Uncertified Printout statute restricting the deposit or investment of municipal money shall be applicable to moneys in such plan. (2) In addition to the authority granted in subsection (1) of this section, any municipality may otherwise provide a deferred compensation plan for its employees and may, by contract, agree with an employee to defer all or a part of the employee's salary or wages. Funds of such plan may be used to purchase fixed or variable annuities from any life insurance company duly authorized to do an insurance and annuity business in this state or may otherwise be deposited and invested in accordance with any statute applicable to the deposit or investment of municipal money. (3) If a municipality participates in or establishes a deferred compensation plan for its employees pursuant to this section and if such plan is in addition to any other pension or retirement plan provided by the municipality, the amount of an employee's deferred compensation shall continue to be counted as part of his total salary or wages for the purpose of computing any other pension or retirement contributions or benefits which are based on total salary or wages. Source: L. 77: Entire section added, p. 1464, § 1, effective May 24. 31-15-903. Legislative declaration - municipalities - new business facilities expanded or existing business facilities - incentives - limitations - authority to exceed revenue-raising limitation. (1) (a) The general assembly hereby finds and declares that the health, safety, and welfare of the people of this state are dependent upon the attraction of new private enterprise as well as the retention and expansion of existing private enterprise; that incentives are often necessary in order to attract private enterprise; and that providing such incentives stimulates economic development in the state and results in the creation and maintenance of new jobs. (b) Notwithstanding any law to the contrary, any municipality may negotiate for an incentive payment or credit with any taxpayer who establishes a new business facility, as defined in section 39-30-105 (7)(e), C.R.S., in the municipality. In no instance shall any negotiation result in an annual incentive payment or credit that is greater than the amount of taxes levied by the municipality upon the taxable personal property located at or within the new business facility and used in connection with the operation of the new business facility for the current property tax year. The term of any agreement made prior to August 6, 2014, pursuant to the provisions of this subsection (1) shall not exceed ten years, including the term of any original agreement being renewed. The term of any agreement made on or after August 6, 2014, pursuant to this subsection (1) shall not exceed thirty-five years, which does not include the term of any prior agreement. (1.5) (a) Notwithstanding any law to the contrary, a municipality may negotiate an incentive payment or credit for a taxpayer that has an existing business facility located in the municipality if, based on verifiable documentation, the municipality is satisfied that there is a substantial risk that the taxpayer will relocate the facility out of state. (b) The documentation required pursuant to paragraph (a) of this subsection (1.5) must include information that the taxpayer could reasonably and efficiently relocate the facility out of state and that at least one other state is being considered for the relocation. In order to be eligible Colorado Revised Statutes 2019 Page 211 of 587 Uncertified Printout for a payment or credit under this subsection (1.5), a taxpayer must identify the specific reasons why the taxpayer is considering leaving the state. (c) A municipality shall not give an annual incentive payment or credit under this subsection (1.5) that is greater than the amount of the taxes levied by the municipality upon the taxable personal property located at or within the existing business facility and used in connection with the operation of the existing business facility for the current property tax year. The term of an agreement made prior to August 6, 2014, pursuant to this subsection (1.5) shall not exceed ten years, and this limit includes any renewals of the original agreement. The term of an agreement made on or after August 6, 2014, pursuant to this subsection (1.5) shall not exceed thirty-five years, and this limit does not include the term of any prior agreement. A municipality shall not give an annual incentive payment or credit under this subsection (1.5), unless the governing body of the municipality approves the payment or credit at a public hearing. (2) Notwithstanding any law to the contrary, any municipality may negotiate for an incentive payment or credit with any taxpayer who expands a facility, as defined in section 3930-105 (7)(c), C.R.S., the expansion of which constitutes a new business facility, as defined in section 39-30-105 (7)(e), C.R.S., and that is located in the municipality. In no instance shall any negotiation result in an annual incentive payment or credit that is greater than the amount of the taxes levied by the municipality upon the taxable personal property directly attributable to the expansion, located at or within the expanded facility, and used in connection with the operation of the expanded facility for the current property tax year. The term of any agreement made prior to August 6, 2014, pursuant to the provisions of this subsection (2) shall not exceed ten years, including the term of any original agreement being renewed. The term of any agreement made on or after August 6, 2014, pursuant to this subsection (2) shall not exceed thirty-five years, which does not include the term of any prior agreement. (3) (Deleted by amendment, L. 94, p. 2834, § 4, effective January 1, 1995.) (4) Any municipality that negotiates any agreement pursuant to the provisions of this section shall inform any county in which a new business facility would be located, or an existing or expanded business facility is located, whichever is applicable, of such negotiations. (5) Any municipality may adjust the amount of its tax levy authorized pursuant to the provisions of section 29-1-301, C.R.S., or pursuant to a municipal home rule charter, whichever is applicable, by an additional amount which does not exceed the total amount of annual incentive payments or credits made by such municipality in accordance with any agreements negotiated pursuant to the provisions of this section or section 39-30-107.5, C.R.S. Source: L. 90: Entire section added, p. 1455, § 2, effective April 24. L. 91: (1) amended and (5) added, p. 724, § 2, effective May 24. L. 94: (1)(b), (2), (3), and (5) amended, p. 2834, § 4, effective January 1, 1995. L. 2002: (1)(b) and (2) amended, p. 1120, § 4, effective June 3. L. 2007: (1)(b) and (2) amended, p. 350, § 5, effective August 3. L. 2012: (1)(b) and (2) amended, (HB 12-1029), ch. 61, p. 220, § 4, effective August 8. L. 2013: (1.5) added and (4) amended, (HB 13-1206), ch. 374, p. 2204, § 2, effective August 7. L. 2014: (1)(b), (1.5)(c), and (2) amended, (SB 14-183), ch. 196, p. 721, § 2, effective August 6. Cross references: (1) For similar provisions for school districts and counties, see §§ 2232-110 and 30-11-123. Colorado Revised Statutes 2019 Page 212 of 587 Uncertified Printout (2) In 2012, subsections (1)(b) and (2) were amended by the "Save Colorado Jobs Act". For the short title and the legislative declaration, see sections 1 and 2 of chapter 61, Session Laws of Colorado 2012. PART 10 SOLID WASTE-TO-ENERGY INCINERATION SYSTEMS Cross references: For the calculation by the public utilities commission of avoided cost information prior to construction of a solid waste-to-energy incineration system, see § 40-3-112; for authority for counties to develop solid waste-to-energy systems, see part 9 of article 20 of title 30. Law reviews: For article, "The Legal Structure and Financing of Waste-to-Energy Projects - Part 1", see 14 Colo. Law. 574 (1985). 31-15-1001. Legislative declaration. The general assembly hereby finds and declares that methods for the efficient and economical production of usable energy should be achieved whenever possible and that the use of flammable waste material for the conversion of heat into steam, electrical power, or any other form of energy could provide energy in an efficient and economical manner. For such purposes, the provisions of this part 10 are enacted to authorize municipalities to develop this type of energy for their own use and the use of the public. Source: L. 83: Entire part added, p. 1243, § 3, effective May 31. 31-15-1002. Definitions. As used in this part 10, unless the context otherwise requires: (1) "Solid waste-to-energy incineration system" means the use of flammable waste material as a primary or supplemental fuel for the conversion of heat into steam, electrical power, or any other form of energy. Source: L. 83: Entire part added, p. 1243, § 3, effective May 31. 31-15-1003. Municipal authority relating to solid waste-to-energy incineration systems. (1) The governing body of any municipality has the power to: (a) Acquire, hold, use, transfer, and convey any real or personal property for the purpose of developing and operating a solid waste-to-energy incineration system; (b) Engage in any activities relating to the siting, development, and operation of a solid waste-to-energy incineration system and to the production, distribution, and sale of energy from such system; (c) Issue revenue bonds authorized by action of the city council or comparable legislative body, without the approval of the qualified electors of the municipality, for purposes of financing the siting and development of a solid waste-to-energy incineration system and the production, distribution, and marketing of energy from such systems. Such revenue bonds shall be issued in the manner provided in part 4 of article 35 of this title for the issuance of revenue bonds by municipalities; except that such revenue bonds may be sold in one or more series at Colorado Revised Statutes 2019 Page 213 of 587 Uncertified Printout par, or below or above par, at public or private sale, in such manner and for such price as the municipality, in its discretion, shall determine. Such revenue bonds and interest coupons, if any, appurtenant thereto shall never constitute the debt or indebtedness of the municipality within the meaning of any provision or limitation of the state constitution, statutes, or home rule charter and shall not constitute nor give rise to a pecuniary liability of the municipality or a charge against its general credit or taxing powers. Such revenue bonds and the income therefrom are exempt from taxation, except inheritance, estate, and transfer taxes. (d) Enter into contracts, including intergovernmental contracts pursuant to section 29-1203, C.R.S., relating to the acts authorized by this part 10; (e) Establish such terms and conditions by contract, ordinance, or any other method for the siting, development, and operation of a solid waste-to-energy incineration system and the production, distribution, and sale of energy from such system; (f) Set, maintain, and revise charges for the disposal of solid waste at a solid waste-toenergy incineration system facility and for the distribution and sale of energy from such system for the purpose of financing the property, facilities, and operation of the system; (g) Exercise any other powers which are essential in performing the acts authorized by this part 10; (h) Perform any nonlegislative acts authorized by this part 10 by means of an agent or by contract with any person, firm, or corporation. Source: L. 83: Entire part added, p. 1243, § 3, effective May 31. 31-15-1004. Department of public health and environment rules. The department of public health and environment may promulgate rules for the engineering design and operation of solid waste-to-energy incineration systems, and any such system shall comply with such rules before beginning operations. Source: L. 83: Entire part added, p. 1244, § 3, effective May 24. L. 94: Entire section amended, p. 2802, § 565, effective July 1. PART 11 MOBILE HOME PARKS Cross references: For the legislative declaration contained in HB 19-1309, see section 1 of chapter 281, Session Laws of Colorado 2019. 31-15-1101. Mobile home parks - definition. (1) The governing body of any municipality has the power to adopt, administer, and enforce ordinances and resolutions to provide for the safe and equitable operation of mobile home parks throughout the municipality. These ordinances and resolutions may be enacted within the scope of the "Mobile Home Park Act", part 2 of article 12 of title 38, and further as the municipality deems necessary to protect home owners' equity in the safe use and enjoyment of the mobile homes and mobile home lots, including but not limited to the imposition of penalties or adoption of a local registration system. Colorado Revised Statutes 2019 Page 214 of 587 Uncertified Printout (2) Except as provided in subsection (3) of this section, an ordinance or resolution enacted by a municipality's governing body is only enforceable within the municipality. (3) One or more contiguous counties and any municipality or town within each county may enter into intergovernmental agreements to extend the applicability of any ordinance or resolution adopted under this section to and throughout any participating county, municipality, or town. (4) For purposes of this part 11, "home owner", "landlord", "mobile home", "mobile home lot", and "mobile home park" have the same meaning as they are defined in section 38-12201.5. Source: L. 2019: Entire part added, (HB 19-1309), ch. 281, p. 2628, § 4, effective May 23. ARTICLE 16 Ordinances - Penalties PART 1 PROCEDURE FOR ADOPTION 31-16-101. Ordinance powers - penalty. (1) (a) Except as provided in paragraph (b) of this subsection (1), the governing body of each municipality has power to provide for enforcement of ordinances adopted by it by a fine of not more than two thousand six hundred fifty dollars, or by imprisonment for not more than one year, or by both such fine and imprisonment. (b) (I) The limitation on municipal court fines set forth in paragraph (a) of this subsection (1) shall be adjusted for inflation on January 1, 2014, and on January 1 of each year thereafter. (II) As used in this paragraph (b), "inflation" means the annual percentage change in the United States department of labor, bureau of labor statistics, consumer price index for DenverBoulder, all items, all urban consumers, or its successor index. (2) Notwithstanding subsection (1) of this section, the governing body of each municipality which implements an industrial wastewater pretreatment program pursuant to the federal act, as defined in section 25-8-103 (8), C.R.S., may seek such relief and impose such penalties as are required by such federal act and its implementing regulations for such programs. Source: L. 75: Entire title R&RE, p. 1123, § 1, effective July 1. L. 90: Entire section amended, p. 1345, § 7, effective July 1. L. 91: (1) amended, p. 756, § 28, effective April 4. L. 2013: (1) amended, (HB 13-1060), ch. 121, p. 411, § 2, effective April 18. Editor's note: This section is similar to former §§ 31-12-101 (79) and 31-12-301 as they existed prior to 1975. Colorado Revised Statutes 2019 Page 215 of 587 Uncertified Printout 31-16-102. Style of ordinances. The style of the ordinances in cities and towns shall be: "Be it ordained by the city council or board of trustees of ............ ." Source: L. 75: Entire title R&RE, p. 1123, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-302 as it existed prior to 1975. 31-16-103. Majority must vote for appropriations - proving ordinances. Ordinances, resolutions, and orders for the appropriation of money shall require for their passage or adoption the concurrence of a majority of the governing body of any city or town. Unless otherwise specifically provided by statute or ordinance, all other actions of the governing body upon which a vote is taken shall require for adoption the concurrence of a majority of those present if a quorum exists. All ordinances may be proven by the seal of the city or town, and, when printed in book or pamphlet form and purporting to be printed and published by authority of the city or town, the same shall be received in evidence in all courts and places without further proof. Source: L. 75: Entire title R&RE, p. 1123, § 1, effective July 1. L. 89: Entire section amended, p. 1292, § 14, effective April 6. L. 91: Entire section amended, p. 756, § 29, effective April 4. Editor's note: This section is similar to former § 31-12-303 as it existed prior to 1975. 31-16-104. Ordinances approved by mayor. Only if an ordinance adopted pursuant to section 31-4-102 (3) or 31-4-302 so provides, any ordinance adopted and all resolutions authorizing the expenditure of money or the entering into of a contract require the approval and signature of the mayor before they become valid, except as otherwise provided in this section. Such ordinance or resolution shall be presented to the mayor within forty-eight hours after the action of the governing body for his signature approving the same. If he disapproves, he shall return such ordinance or resolution to the governing body at its next regular meeting with his objections in writing. The governing body shall cause such objections to be entered at large upon the record and shall proceed at the same or next subsequent meeting to consider the question: "Shall the ordinance or resolution, notwithstanding the mayor's objections, be passed?" If twothirds of the members of the governing body vote in the affirmative, such resolution shall be valid, and such ordinance shall become a law the same as if it had been approved by the mayor. If the mayor fails to return to the next subsequent meeting of the governing body any resolution or ordinance presented to him for his approval, the same shall become a valid ordinance or resolution, as the case may be, in like manner as if it had been approved by him. Source: L. 75: Entire title R&RE, p. 1123, § 1, effective July 1. L. 81: Entire section amended, p. 1495, § 9, effective May 28. L. 89: Entire section amended, p. 1293, § 15, effective April 6. Editor's note: This section is similar to former § 31-12-304 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 216 of 587 Uncertified Printout 31-16-105. Record and publication of ordinances. All ordinances, as soon as may be after their adoption, shall be recorded in a book kept for that purpose and shall be authenticated by the signature of the presiding officer of the governing body and the clerk. All ordinances of a general or permanent nature and those imposing any fine, penalty, or forfeiture, following adoption and, if required by ordinance adopted pursuant to section 31-4-102 (3) or 31-4-302, compliance with the provisions of section 31-16-104, shall be published in some newspaper published within the limits of the city or town or, if there are none, in some newspaper of general circulation in the city or town. It is a sufficient defense to any suit or prosecution for such fine, penalty, or forfeiture to show that no publication was made. If there is no newspaper published or having a general circulation within the limits of the city or town, then, upon a resolution being passed by the governing body to that effect, ordinances may be published by posting copies thereof in three public places within the limits of the city or town, to be designated by the governing body. Except for ordinances calling for special elections or necessary to the immediate preservation of the public health or safety and containing the reasons making the same necessary in a separate section, such ordinances shall not take effect and be in force before thirty days after they have been so published. The excepted ordinances shall take effect upon adoption and, if required by ordinance adopted pursuant to section 31-4-102 (3) or 31-4-302, compliance with the provisions of section 31-16-104 if they are adopted by an affirmative vote of three-fourths of the members of the governing body of the city or town. The book of ordinances provided for in this section shall be taken and considered in all courts of this state as prima facie evidence that such ordinances have been published as provided by law. Any municipality may determine at a regular or special election to meet the requirements of this section and section 31-16-106 by publishing ordinances by title only rather than by publishing the ordinance in full. No municipality shall call a special election for the sole purpose of determining the issue of whether the municipality should publish new ordinances in full or by title only. Source: L. 75: Entire title R&RE, p. 1123, § 1, effective July 1. L. 81: Entire section amended, p. 1496, § 10, effective May 28. L. 92: Entire section amended, p. 1053, § 3, effective January 1, 1993. Editor's note: This section is similar to former § 31-12-305 as it existed prior to 1975. 31-16-106. Reading before city council - publication. No ordinance shall be adopted by any city council of any city unless the same has been previously introduced and read at a preceding regular or special meeting of such city council and published in full in the manner provided in section 31-16-105 at least ten days before its adoption. The previous introduction of the ordinance at such preceding meeting of the city council and the fact of its publication shall appear in the certificate and the attestation of the clerk on the ordinance after its adoption. The provisions of section 31-16-105 shall apply to any ordinance adopted by a city council; except that, if publication after introduction was in a newspaper, publication after adoption may be in the same newspaper by title only and shall contain the date of the initial publication and shall reprint in full any section, subsection, or paragraph of the ordinance which was amended following the initial publication. Publication following adoption may be in full at the discretion of the city council. Colorado Revised Statutes 2019 Page 217 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1124, § 1, effective July 1. L. 77: Entire section amended, p. 1466, § 1, effective May 20. Editor's note: This section is similar to former § 31-15-104 as it existed prior to 1975. 31-16-107. Reading - adoption of code. Whenever the reading of an ordinance or of a code which is to be adopted by reference is required by statute, any such requirement shall be deemed to be satisfied if the title of the proposed ordinance is read and the entire text of the proposed ordinance or of any code which is to be adopted by reference is submitted in writing to the governing body before adoption. Source: L. 75: Entire title R&RE, p. 1124, § 1, effective July 1. 31-16-108. Majority of all members required - record. On the adoption of an ordinance, resolution, or order for the appropriation of money or the entering into of a contract by the governing body of any city or town, the yeas and nays shall be called and recorded, and the concurrence of a majority of the governing body shall be required. Source: L. 75: Entire title R&RE, p. 1124, § 1, effective July 1. L. 89: Entire section amended, p. 1293, § 16, effective April 6. L. 91: Entire section amended, p. 756, § 30, effective April 4. Editor's note: This section is similar to former § 31-12-306 as it existed prior to 1975. 31-16-109. Disposition of fines and forfeitures. All fines and forfeitures for the violation of ordinances and all moneys collected for licenses or otherwise shall be paid into the treasury of the city or town at such times and in such manner as may be prescribed by ordinance, or, if there is no ordinance referring to the case, it shall be paid to the treasurer at once. Source: L. 75: Entire title R&RE, p. 1124, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-307 as it existed prior to 1975. Cross references: For disposition of fines and forfeitures involving the operation of motor vehicles, see § 42-1-217. 31-16-110. County officers may serve process. Any sheriff of any county or city and county of this state may serve, within such sheriff's county, any process issued from any court or may make any arrest within such sheriff's county, authorized by law to be made by any municipal officers; but the only process or warrant for the arrest of any person charged with a violation of a municipal ordinance which shall be valid and executed outside the municipality where said violation occurred is that for the violation of an ordinance of any municipality in this state which is a criminal or quasi-criminal offense. For the purposes of this section, traffic offenses shall not be considered to be criminal or quasi-criminal offenses unless penalty points may be assessed under section 42-2-127 (5)(a) to (5)(r), (5)(w), and (5)(x), C.R.S. Colorado Revised Statutes 2019 Page 218 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1124, § 1, effective July 1. L. 77: Entire section amended, p. 795, § 9, effective June 3. L. 94: Entire section amended, p. 2565, § 78, effective January 1, 1995. Editor's note: This section is similar to former § 31-12-308 as it existed prior to 1975. 31-16-111. One-year limitation of suits. All suits for the recovery of any fine and prosecutions for the commission of any offense made punishable under any ordinance of any municipality shall be barred one year after the commission of the offense for which the fine is sought to be recovered. Source: L. 75: Entire title R&RE, p. 1125, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-309 as it existed prior to 1975. PART 2 ORDINANCE CODES ADOPTED BY REFERENCE 31-16-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Adopting municipality" means any municipality which has adopted or is in the process of adopting an ordinance pursuant to the provisions of this part 2. (2) "Code" means any published compilation of statutes, ordinances, rules, regulations, or standards adopted by the federal government or the state of Colorado, by an agency of either of them, or by any municipality or other political subdivision in this state. The term includes any codification or compilation of existing ordinances of the adopting municipality. The term "code" also means published compilations of any nongovernmental organization or institution which may embrace any of the following subjects: The construction, alteration, repair, removal, demolition, equipment, use, occupancy, location, maintenance, or other matters related to buildings or other erected structures including, but not limited to, building codes, fire or fire prevention codes, plumbing codes, housing codes, mechanical codes, and electrical codes. (3) "Municipality" means any city or any town operating under general or special laws of the state of Colorado or any home rule city or town, the charter or ordinances of which contain no provisions inconsistent with provisions of this part 2. (4) "Primary code" means any code which is directly adopted by reference in whole or in part by any ordinance passed pursuant to this part 2. (5) "Published" means issued in printed, lithographed, multigraphed, mimeographed, or similar form. (6) "Secondary code" means any code which is incorporated by reference, directly or indirectly, in whole or in part in any primary code or in any secondary code. Source: L. 75: Entire title R&RE, p. 1125, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-401 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 219 of 587 Uncertified Printout 31-16-202. Adoption by reference - title. If all the procedures and requirements of this part 2 are complied with, any municipality may enact any ordinance which adopts any code by reference in whole or in part, and such primary code thus adopted may in turn adopt by reference, in whole or in part, any secondary codes duly described therein. However, every primary code which is incorporated in any such adopting ordinance shall be specified in the title of the ordinance. Notwithstanding the procedures and requirements of this part 2, a municipality may enact any ordinance which adopts by reference any statute, rule, regulation, or standard adopted by the federal government or the state of Colorado, or by any agency of either of them, solely by referring to such statute, rule, regulation, or standard in the text of such ordinance. Source: L. 75: Entire title R&RE, p. 1125, § 1, effective July 1. L. 88: Entire section amended, p. 1125, § 7, effective April 4. Editor's note: This section is similar to former § 31-12-402 as it existed prior to 1975. 31-16-203. Notice - hearing. After the introduction of the adopting ordinance, the governing body of any municipality shall schedule a public hearing thereon. Notice of the hearing shall be published twice in a newspaper of general circulation in the adopting municipality, once at least fifteen days preceding the hearing, and once at least eight days preceding it. If there is no such newspaper, the notice shall be posted in the same manner as provided for the posting of a proposed ordinance. The notice shall state the time and place of the hearing. It shall also state that copies of the primary code and copies of the secondary codes, if any, being considered for adoption are on file with the clerk and are open to public inspection. The notice shall also contain a description which the governing body deems sufficient to give notice to interested persons of the purpose of the primary code, the subject matter of the code, the name and address of the agency by which it has been promulgated or, if a municipality, the corporate name of such municipality which has enacted such code, and the date of publication of such code, and, in the case of a code of any municipality, the notice shall contain a specific reference to the code of a given municipality as it existed and was effective at a given date. The requirements as to the reading of the adopting ordinance are as provided in section 31-16-107. Source: L. 75: Entire title R&RE, p. 1125, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-403 as it existed prior to 1975. 31-16-204. Adopting ordinance - adoption of penalty clauses by reference prohibited. After the hearing, the governing body may amend, adopt, or reject the adopting ordinance in the same manner in which it is empowered to act in the case of other ordinances; but nothing in this part 2 shall permit the adoption by reference of any penalty clauses which may appear in any code which is adopted by reference. Any such penalty clauses may be enacted only if set forth in full and published in the adopting ordinance. All changes or additions to any code made by the governing body shall be published in the manner which is required for ordinances; except that changes or additions which are not substantive in nature made in connection with any codification or compilation of existing ordinances of the adopting Colorado Revised Statutes 2019 Page 220 of 587 Uncertified Printout municipality may be posted at the municipal offices in lieu of publication of such changes or additions. Source: L. 75: Entire title R&RE, p. 1126, § 1, effective July 1. L. 88: Entire section amended, p. 1126, § 8, effective April 4. Editor's note: This section is similar to former § 31-12-404 as it existed prior to 1975. 31-16-205. Publication of ordinance. Nothing in this part 2 shall relieve any municipality from the requirement of publishing in full the ordinance which adopts any such code, and all provisions applicable to such publication shall be fully carried out. The adopting ordinance shall contain the same description of the primary adopted code as required in the notice of hearing in section 31-16-203. Source: L. 75: Entire title R&RE, p. 1126, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-405 as it existed prior to 1975. 31-16-206. Filing of public record - sale of copies. Not less than one copy of each primary code adopted by reference and of each secondary code pertaining thereto, all certified to be true copies by the mayor and the clerk, shall be filed in the office of the clerk at least fifteen days preceding the hearing and shall be kept there for public inspection while the ordinance is in force. After the adoption of the code by reference, a copy of the primary code and of each secondary code may be kept in the office of the chief enforcement officer instead of in the office of the clerk. Following the adoption of any code, the clerk shall at all times maintain a reasonable supply of copies of the primary code available for purchase by the public at a moderate price. Source: L. 75: Entire title R&RE, p. 1126, § 1, effective July 1. L. 88: Entire section amended, p. 1126, § 9, effective April 4. Editor's note: This section is similar to former § 31-12-406 as it existed prior to 1975. 31-16-207. Amendments. If at any time any code which any municipality has previously adopted by reference is amended by the agency or municipality which originally promulgated, adopted, or enacted it, the governing body may adopt such amendment by reference through the same procedure as required for the adoption of the original code, or an ordinance may be enacted in the regular manner setting forth the entire text of such amendment. Source: L. 75: Entire title R&RE, p. 1126, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-407 as it existed prior to 1975. 31-16-208. Use as evidence. Copies of such codes in published form, duly certified by the clerk and mayor of the municipality, shall be received without further proof as prima facie Colorado Revised Statutes 2019 Page 221 of 587 Uncertified Printout evidence of the provisions of such codes or public records in all courts and administrative tribunals of this state. Source: L. 75: Entire title R&RE, p. 1127, § 1, effective July 1. Editor's note: This section is similar to former § 31-12-408 as it existed prior to 1975. ARTICLE 20 Taxation and Finance Cross references: For public indebtedness, see article XI of the state constitution; for the constitutional provision that establishes limitations on spending, the imposition of taxes, and the incurring of debt, see § 20 of article X of the state constitution. PART 1 TAXATION AND ASSESSMENT COLLECTION 31-20-101. Power to levy taxes - on what property. The governing body of any municipality has the power to levy taxes, the same kinds and classes, upon taxable property, real, personal, and mixed, within the municipal limits as are subject to taxation for state or county purposes in accordance with the laws of this state. Source: L. 75: Entire title R&RE, p. 1127, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-101 as it existed prior to 1975. Cross references: For the procedure to increase a tax levy beyond statutory limits, see § 29-1-302. 31-20-101.3. Incentives for installation of renewable energy fixtures - definitions. (1) Notwithstanding any law to the contrary, a governing body of any municipality may offer an incentive, in the form of a municipal property tax or sales tax credit or rebate, to a residential or commercial property owner who installs a renewable energy fixture on his or her residential or commercial property. (2) For purposes of this section, unless the context otherwise requires, "renewable energy fixture" means any fixture, product, system, device, or interacting group of devices that produces energy, including but not limited to alternating current electricity, from renewable resources, including, but not limited to, photovoltaic systems, solar thermal systems, small wind systems, biomass systems, or geothermal systems. Source: L. 2007: Entire section added, p. 489, § 3, effective August 3. L. 2009: (2) amended, (HB 09-1126), ch. 254, p. 1147, § 2, effective May 15. Colorado Revised Statutes 2019 Page 222 of 587 Uncertified Printout Cross references: For the short title contained in the 2007 act enacting this section, see section 1 of chapter 130, Session Laws of Colorado 2007. 31-20-102. Assessor to designate property. It is the duty of the county assessor each year, in making his return, to designate the property situated within the limits of any municipality in such county. Source: L. 75: Entire title R&RE, p. 1127, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-102 as it existed prior to 1975. 31-20-103. Committee to appear before board of equalization. Any governing body of any municipality has the authority to appoint a committee from its members to appear before the board of county commissioners, sitting as a board of equalization, and to recommend to said board such amendments and additions to or changes in the assessment made by the county assessor of the property or any portion thereof within the limits of such municipality as such committee may deem just. Source: L. 75: Entire title R&RE, p. 1127, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-103 as it existed prior to 1975. 31-20-104. Assessor to extend taxes - warrant. It is the duty of the county assessor, when the assessment roll is prepared each year for the extension of the taxes, to extend the municipal tax upon the tax list in the same manner as other taxes are extended, carrying said municipal tax into the general total of all taxes for the year, and to include said municipal taxes in his general warrant to the county treasurer for collection. Source: L. 75: Entire title R&RE, p. 1127, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-104 as it existed prior to 1975. 31-20-105. Municipality may certify delinquent charges. Any municipality, in addition to the means provided by law, if by ordinance it so elects, may cause any or all delinquent charges, assessments, or taxes made or levied to be certified to the treasurer of the county and be collected and paid over by the treasurer of the county in the same manner as taxes are authorized to be by this title. Source: L. 75: Entire title R&RE, p. 1127, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-105 as it existed prior to 1975. 31-20-106. County treasurer to collect municipal taxes - liens - publication. (1) (a) It is the duty of the treasurer of said county and he is authorized to collect the municipal taxes in the same manner and at the same time as other taxes upon the same tax list are collected. The Colorado Revised Statutes 2019 Page 223 of 587 Uncertified Printout expense of construction and repair of sidewalks, streets, paving of streets, curb and gutter, drainage facilities, or other improvements, which are placed upon municipal streets, other than pursuant to part 5 of article 25 of this title, shall be assessed in the manner prescribed by the ordinance of any such municipality upon the property fronting upon the same. Except for the construction and repair of sidewalks, no such assessments for other construction shall be made by the municipality unless approved by petition signed by not less than sixty percent of the owners of property fronting upon the same and owning at least sixty percent of the property fronting thereon. Such assessment shall be a lien upon said property until it is paid. In case of failure to pay such assessment in a reasonable time, to be specified by ordinance, the assessment, at any time after such failure, may be certified by the clerk of such municipality to the officer having the custody of the tax list at the time such certification is made to be placed by him upon such tax list for the current year and collected in the same manner as other taxes are collected, with ten percent penalty thereon to defray the cost of collection. All the laws of the state for the assessment and collection of general taxes, including the laws for the sale of property for taxes and their redemption of the same, shall apply and have as full effect for the collection of all such municipal taxes as for such general taxes, except as modified by this title. (b) Nothing in paragraph (a) of this subsection (1) shall be construed to repeal existing statutes concerning the power to levy taxes, charges, and assessments and the procedures for the assessments and collection thereof. (2) The county treasurer, at the close of every month and more often if the governing body of said municipality requires, shall pay over to the municipal treasurer all moneys collected by him upon the presentation to him of an order signed by the mayor and clerk of such municipality. Any such county treasurer shall be liable on his official bond for the faithful discharge of all the duties and obligations imposed upon him. (3) In case of sale of any lot or tract of ground for delinquent sidewalk tax, the same shall be advertised and sold for such tax, and the certificate of sale and deed therefor shall be made separate from the sale certificate and deed for other taxes. The amount of sidewalk tax so assessed shall not be certified to the county clerk and recorder until notice of such assessment has been published for ten days in some newspaper published in such municipality as provided by the ordinance of such municipality, giving the lot owner an opportunity to be heard before the governing body, at the time and place designated, as to the justness and correctness of the amount so assessed. The provisions of this title relating to collecting the expense of construction and repairs of sidewalks shall be construed to be for the purpose of carrying into effect the police powers of municipalities as to such construction and repairs of sidewalks and shall not be construed as imposing a special tax under the taxing power. The ordinance of such municipality shall provide for a reasonable time after the order of such municipality for the construction or repairs of such sidewalks for the owners of such lots to construct or repair such sidewalks. In case any such owners fail to so construct or repair such sidewalk in the time and manner prescribed by said ordinances, such municipality may proceed to construct or repair such sidewalk and charge such owners as prescribed by ordinance and in the manner described in this section. Source: L. 75: Entire title R&RE, p. 1127, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-106 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 224 of 587 Uncertified Printout 31-20-107. Municipality to pay share of county expenses. The governing body of said municipality shall make in each year such allowance to be paid out of the general fund to the county as shall be a reasonable and just compensation for the extra labor imposed by this part 1 and shall also make an allowance, to be paid out of the general fund to the county in which said municipality is located, for the municipality's proportion of the expense of advertising the sale of lands for delinquent taxes in each year, the amount to be certified to the governing body by the county clerk and recorder of the proper county. Source: L. 75: Entire title R&RE, p. 1128, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-107 as it existed prior to 1975. PART 2 FINANCE - GENERAL 31-20-201. Fiscal procedures - budgeting - appropriations. The provisions of part 1 of article 1 of title 29, C.R.S., shall govern fiscal procedures, budgeting, and appropriations of towns and cities organized under this title. Source: L. 75: Entire title R&RE, p. 1129, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-201 as it existed prior to 1975. 31-20-202. Publication - penalty. (1) It is the duty of the governing body of each city and town, except cities over ten thousand population, those operating under special charters, and those which have determined by election pursuant to subsection (1.5) of this section not to publish, to publish such of their proceedings as relate to the payment of bills, stating for what the same are allowed, the name of the person to whom allowed, and to whom paid. They shall also publish a statement concerning all contracts awarded and rebates allowed. (1.5) Any city or town subject to this section may determine at a regular or special election not to publish their proceedings relating to payment of bills and statements concerning their contracts. However, no city or town shall call a special election for the sole purpose of determining whether the city or town shall publish their proceedings relating to payment of bills and statements concerning their contracts. Any city or town whose citizens elect not to publish may provide an alternative for distribution of the information. (2) Such publication shall be made within twenty days after the adjournment of each regular or special meeting in a newspaper of general circulation published in the city or town where such meeting is held. If there is no reliable newspaper published within said city or town, said publication shall be made in some newspaper of general circulation nearest to said city or town within the county and the clerk shall furnish copy of such proceedings for publication. (3) Any mayor, member of the governing body, or clerk who fails or refuses to make such publication shall be subject to a fine of not less than twenty-five dollars nor more than three hundred dollars and the costs of the suit for each offense; except that these penalties do not apply Colorado Revised Statutes 2019 Page 225 of 587 Uncertified Printout to the officials of any city or town which has elected pursuant to subsection (1.5) of this section not to make such publication. Source: L. 75: Entire title R&RE, p. 1129, § 1, effective July 1. L. 92: (1) and (3) amended and (1.5) added, p. 1054, § 4, effective January 1, 1993. Editor's note: This section is similar to former §§ 31-20-202 to 31-20-204 as they existed prior to 1975. Cross references: For duty of towns and cities to have an annual audit, see part 6 of article 1 of title 29. PART 3 FINANCE - TREASURER 31-20-301. Bond of treasurer - waiver - duties. (1) The treasurer shall give a bond to the city or town in its corporate name with good and sufficient sureties, to be approved by vote of the governing body in such sum as it requires, conditioned on the faithful performance of his duties as treasurer of such city or town so long as he shall serve as such treasurer and requiring that, when he vacates such office, he will turn over and deliver to his successor all moneys, books, papers, property, or things belonging to such city or town and remaining in his charge as such treasurer. The governing body of the city or town may waive the requirement of a bond. (2) The treasurer shall: (a) Receive all moneys belonging to the city or town and shall keep his books and accounts in such manner as may be prescribed by ordinance. Such books and accounts shall always be subject to the inspection of any member of the governing body. (b) Keep a separate account of each fund or appropriation and the debits and credits belonging thereto; (c) Give every person paying money into the treasury a receipt therefor specifying the date of payment and upon what account paid, and he shall also file statements of such receipts with the city or town clerk on the date of his monthly report; (d) Render an account to the governing body or such officer as may be designated by ordinance, at the end of each month and more often if required, showing the state of the treasury at the date of such account and the balance of money in the treasury. He shall also accompany such accounts with a statement of all moneys received into the treasury and on what account during the preceding month, together with all warrants redeemed and paid by him. Said warrants, with any vouchers held by the treasurer, shall be delivered to the clerk and filed with his account in the clerk's office upon every day of such statement. He shall return all warrants paid by him stamped or marked "paid". He shall keep a register of all warrants redeemed and paid, which shall describe such warrants and show the date, amount, number, the fund from which paid, and the name of the person to whom and when paid. Source: L. 75: Entire title R&RE, p. 1129, § 1, effective July 1. L. 89: (1) amended, p. 1293, § 17, effective April 6. Colorado Revised Statutes 2019 Page 226 of 587 Uncertified Printout Editor's note: This section is similar to former §§ 31-20-301 to 31-20-305 as they existed prior to 1975. 31-20-302. Penalty for using municipal funds. The treasurer is expressly prohibited from using, either directly or indirectly, the municipal money or warrants in his custody and keeping them for his own use or benefit or that of any other person. Any violation of this provision shall subject him to immediate removal from office by the governing body which is authorized to declare said office vacant, in which case his successor shall be appointed and shall hold office for the remainder of the unexpired term of such officer so removed. Source: L. 75: Entire title R&RE, p. 1130, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-306 as it existed prior to 1975. 31-20-303. Deposits - investments - interest - no liability. (1) (a) As used in this subsection (1), the term "resolution" means a written resolution duly adopted by a majority vote of the governing body, which vote is entered in its minutes. (b) Subject to the requirements of part 6 of article 75 of title 24, C.R.S., in all cities and towns in this state, the treasurer shall deposit all the funds and moneys that come into his possession by virtue of his office, in his name as treasurer or in the name of such other custodian as has been appointed by resolution, in one or more state banks, national banks having their principal office in this state, or, in compliance with the provisions of article 47 of title 11, C.R.S., savings and loan associations having their principal offices in this state which have been approved and designated by resolution. The governing body by resolution may authorize the investment of all or any part of such funds and moneys in any type of security or form of investment authorized by part 6 of article 75 of title 24, C.R.S., or by any other law of this state. All securities so purchased shall be duly registered in the name of the treasurer or other custodian appointed by resolution and, if issued in a form so permitting, shall be deposited and safely kept by him in the custody of some state or national bank located in this state. The governing body, by resolution, shall establish requirements for the sale or other disposal of securities and for the deposit or reinvestment of any proceeds, subject to the restrictions set forth in this section. For the purposes of investment of funds of the city or town, the governing body of the city or town, by resolution, may appoint one or more custodians of the funds and moneys, and such persons shall give surety bonds in such amount and form and for such purposes as the governing body may require. (2) Such funds and moneys may be deposited in said banks and savings and loan associations in demand accounts, in interest-bearing savings accounts, or in certificates of deposit for fixed periods of time at such rates of interest as may be negotiated from time to time. All interest credited or received on such deposits shall become a part of the general fund of the city or town or of such other fund as the governing body designates. (3) No city or town treasurer or member of the governing body who acts in good faith in approving and designating such depository shall be liable for loss of public funds deposited by such treasurer or his deputies by reason of default or insolvency of such depository; nor shall any such treasurer who invests any such funds as provided in this section or any member of the Colorado Revised Statutes 2019 Page 227 of 587 Uncertified Printout governing body who in good faith authorizes such investment be liable for any loss on account of such investment. (4) Subject to the requirements of part 7 of article 75 of title 24, C.R.S., funds of the city or town may be pooled for investment with the funds of other local government entities. Source: L. 75: Entire title R&RE, p. 1130, § 1, effective July 1; (1) and (2) amended and (3) and (4) repealed, pp. 407, 392, §§ 5, 5, 6, effective January 1, 1976. L. 77: (1) amended, p. 577, § 9, effective June 10. L. 83: (4) added, p. 1010, § 3, effective March 29; (1) and (2) amended, p. 1260, § 1, effective April 14. L. 89: (1)(b) amended, p. 1114, § 25, effective July 1. Editor's note: (1) This section is similar to former § 31-20-307 as it existed prior to 1975. (2) The subsections were renumbered on revision in the 1977 replacement volume for ease of location. 31-20-304. Reports - annual account - publication. The treasurer shall report to the governing body, as often as required, a full and detailed account of all receipts and expenditures of the city or town as shown by his books up to the time of said report. Annually, by March 1 after the close of the fiscal year, he shall make out and file with the clerk a full and detailed account of all such receipts and expenditures and of all his transactions as such treasurer during the preceding fiscal year and shall show in such account the state of the treasury at the close of the fiscal year, which account the clerk shall immediately cause to be published in a newspaper printed in such city or town if there is one and, if not, by posting the same in a public place in the clerk's office. Source: L. 75: Entire title R&RE, p. 1131, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-308 as it existed prior to 1975. 31-20-305. Collector to keep warrants - books - pay over weekly - receipt. It is the duty of the collector, if anyone except the treasurer is specially appointed, or the person acting in that capacity to preserve all warrants returned into his hands, and he shall keep such books and his accounts in such manner as the governing body prescribes. Such warrants, books, and all papers pertaining to his office at all times shall be open to the inspection of and subject to the examination of the mayor, any member of the governing body, or any committee thereof. He shall pay over to the treasurer weekly, and more often if required by the governing body, all moneys collected by him, taking such treasurer's receipt therefor, which receipt he shall immediately file with the clerk. The clerk, at the time of filing or on demand, shall give such collector a copy of any such receipt so filed. Source: L. 75: Entire title R&RE, p. 1131, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-309 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 228 of 587 Uncertified Printout 31-20-306. Collector to report - annual statement - publication. The collector shall make a written report to the governing body, or any officer designated by it, of all moneys collected by him, the account whereon collected, or of any other matter connected with his office when required by the governing body or by any ordinance of the town or city. He shall also annually, by March 1 after the close of the fiscal year, file with the clerk a statement of all moneys collected by him during the year, the particular warrant, special assessment, or account on which collected, the balance of moneys uncollected on all warrants in his hands, and the balance remaining uncollected at the time of the return on all warrants which he returned during the preceding fiscal year to the clerk. The clerk shall publish or post the same as required to be done by section 31-20-304 in regard to the annual report of the treasurer. Source: L. 75: Entire title R&RE, p. 1132, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-310 as it existed prior to 1975. 31-20-307. Keeping moneys - inspection of books - paying over. The collector is expressly prohibited from keeping the moneys of the city or town in his hands or in the hands of any person for his use beyond the time prescribed for the payment of the same to the treasurer. Any violation of this provision will subject him to immediate removal from office. All the city or town collector's papers, books, warrants, and vouchers may be examined at any time by the mayor, clerk, or any member of the governing body. The collector shall pay over every two weeks, or more often if the governing body so directs, all money collected by him from any persons or associations to the treasurer taking his receipt therefor in duplicate, one of which receipts he shall at once file in the office of the clerk. Source: L. 75: Entire title R&RE, p. 1132, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-311 as it existed prior to 1975. PART 4 FINANCE - WARRANTS 31-20-401. Warrants signed - countersigned - fund. All warrants drawn upon the treasurer shall be signed by the mayor and countersigned by the clerk and shall state the particular fund or appropriation to which the same is chargeable and the person to whom payable. No money shall be drawn except as provided in this part 4; except that the governing body of a municipality may provide for the disbursement of money by check in lieu of by warrant. Source: L. 75: Entire title R&RE, p. 1132, § 1, effective July 1. L. 79: Entire section amended, p. 1187, § 1, effective May 18. Editor's note: This section is similar to former § 31-20-401 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 229 of 587 Uncertified Printout 31-20-402. Funds - how used. All moneys received on any special assessment shall be held by the treasurer as a special fund to be applied to the payment of the improvement for which the assessment was made. Said money shall be used for no purpose whatever other than to reimburse the city or town for money expended for such improvement. All moneys received for account of the general fund shall be held by the treasurer in the general fund and shall be used for no purpose other than that for which they were appropriated, collected, or received except to reimburse any special fund to which the general fund may be indebted. Source: L. 75: Entire title R&RE, p. 1132, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-402 as it existed prior to 1975. 31-20-403. Warrant endorsed when no funds - new warrant. When a city or town warrant is received by the treasurer or collector and there is no money in the treasury to pay the same, he is directed to endorse on it the amount for which it was received and the date thereof, and from that date the warrant is to be regarded as canceled and cannot be reissued; but when the warrant amounts to more than is to be paid by the person presenting it, the treasurer or collector shall give him a certificate of the balance due him, which certificate, on presentation to the board authorized to audit claims for the city or town, entitles the holder to receive a new warrant for the amount specified therein. Source: L. 75: Entire title R&RE, p. 1133, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-403 as it existed prior to 1975. 31-20-404. Registry of orders - contents - inspection. Every treasurer of any city or town shall keep in his office a book, to be called the registry of city or town orders, in which shall be entered, at the date of the presentation thereof and without any interval or blank line between any such entry and the one preceding it, every city or town order, warrant, or other certificate of such town or city indebtedness presented to such town or city treasurer at any time for payment, whether the same is paid at the time of presentation or not, the number and date of such order, warrant, or certificate, the amount, the date of presentation, the name of the person presenting the same, and the particular fund, if any, upon which the order is drawn. Every such registry of city or town orders shall be open at all reasonable hours to the inspection and examination of any person desiring to inspect or examine the same. Source: L. 75: Entire title R&RE, p. 1133, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-404 as it existed prior to 1975. 31-20-405. Order warrants paid. Every fund in the hands of any treasurer of any such city or town of this state for disbursement shall be paid out in the order in which the orders drawn thereon, payable out of the same, are presented for payment. Source: L. 75: Entire title R&RE, p. 1133, § 1, effective July 1. Colorado Revised Statutes 2019 Page 230 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-20-405 as it existed prior to 1975. 31-20-406. Redemption of warrants. When the treasurer of any city or town has any city or town funds on hand in cash to the amount of five hundred dollars or over, it is his duty to immediately apply all such funds to the redemption of an equal amount of such outstanding city or town warrants, certificates, or orders, with the interest due thereon, as may be entitled to a preference as to payment according to the order of time in which they were previously presented to the treasurer of such city or town, as evidenced by the registry of the orders of such city or town kept in his office as provided by law. For this purpose, he shall cause to be advertised for thirty days in some newspaper published in or nearest such city or town a notice that he will redeem such certain city or town orders, certificates, or warrants with interest due thereon, stating their number and amounts on presentation at the treasury of such city or town, and that, at the expiration of thirty days from the date of such notice, such orders, certificates, or warrants shall cease to bear interest. Source: L. 75: Entire title R&RE, p. 1133, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-406 as it existed prior to 1975. 31-20-407. Neglect in keeping register or paying - penalty. Any city or town treasurer, or his deputy, who fails or neglects to keep such registry or who fails or neglects to register any warrant or certificate of indebtedness of such city or town as is entitled to registry or neglects or refuses to pay such warrants or certificates in order of payments, there being then money in the treasury applicable to the payment thereof or from which the same ought to be paid, commits a misdemeanor and, upon conviction thereof, shall be punished by a fine of not less than one hundred dollars nor more than five hundred dollars. Source: L. 75: Entire title R&RE, p. 1133, § 1, effective July 1. Editor's note: This section is similar to former § 31-20-407 as it existed prior to 1975. ARTICLE 21 Bonds Cross references: For the constitutional provision that establishes limitations on spending, the imposition of taxes, and the incurring of debt, see § 20 of article X of the state constitution. Law reviews: For article, "Three Sources of Municipal Revenue in Colorado", see 19 Colo. Law. 2065 (1990). PART 1 FUNDING - FLOATING DEBT Colorado Revised Statutes 2019 Page 231 of 587 Uncertified Printout 31-21-101. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Floating indebtedness" means all obligations of the municipality to pay money, of whatever kind or character, except indebtedness evidenced by outstanding negotiable interestbearing bonds of the municipality. Source: L. 75: Entire title R&RE, p. 1134, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-101 as it existed prior to 1975. 31-21-102. Funding bonds - determination of indebtedness. The governing body of any municipality may issue negotiable coupon bonds, to be denominated funding bonds, for the purpose of funding any of the legal floating indebtedness of such municipality existing at any time. The specific indebtedness to be funded and the amount of such funding bonds to be issued under the provisions of this part 1 shall first be determined by such governing body and a certificate of such determination shall be made and entered in the records of the municipality prior to the issuance of said funding bonds. Nothing in this part 1 shall be construed to repeal or amend any law limiting the indebtedness of municipalities. Source: L. 75: Entire title R&RE, p. 1134, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-102 as it existed prior to 1975. 31-21-103. Bond election - judgments. (1) Whenever such governing body deems it expedient to issue funding bonds under the provisions of this part 1, it shall direct, by ordinance, that the question be submitted at a regular election in the manner provided for authorization of other bonded indebtedness in section 31-15-302 (1)(d). At any election held under the provisions of this part 1, the question of authorizing the funding of all or any part of the floating indebtedness of the city or town may be submitted as one question for determination, irrespective of the form or date of such indebtedness. The election shall be conducted as nearly as possible in conformity with the provisions of the "Colorado Municipal Election Code of 1965". The election notice shall specify, in addition to the time and places for holding said election, the qualifications for persons to vote on such question, the amount of the indebtedness to be funded, and the amount of funding bonds proposed to be issued and the rate of interest they shall bear. At such election the ballots or voting machine tabs shall contain the words "For the Funding Bonds" and "Against the Funding Bonds". (2) No election shall be necessary to authorize the governing body to issue bonds for the purpose of funding indebtedness in the form of a valid subsisting judgment against the municipality. Source: L. 75: Entire title R&RE, p. 1134, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-103 as it existed prior to 1975. Cross references: For "Colorado Municipal Election Code of 1965", see article 10 of this title. Colorado Revised Statutes 2019 Page 232 of 587 Uncertified Printout 31-21-104. Ordinance - form and maturity of bonds. (1) If the governing body determines to issue funding bonds for the purpose of paying and discharging any valid and subsisting judgment against the municipality or if, upon canvassing the vote cast at any election held under the provisions of this part 1, it is determined by the governing body that a majority of the votes cast upon the question submitted are for funding, the governing body shall make such determination a part of the official records of the municipality, and the governing body shall immediately thereafter adopt and make a law of the municipality an ordinance which shall not be subject to the referendum provisions of any law providing for the issue of said funding bonds in accordance with the provisions of this part 1. Such ordinance shall fix the date of said funding bonds, shall designate the denominations thereof, the rate of interest, the maturity date which shall not be more than twenty-five years from the date of said funding bonds, the place of payment, within or without the state of Colorado, of both principal and interest, and shall prescribe the form of said funding bonds. (2) Such funding bonds shall be negotiable in form, shall recite the title of the act under which they are issued, and shall be executed in the name of the municipality, signed by the mayor, countersigned by the treasurer, with the seal of the municipality affixed thereto, and attested by the clerk. The interest accruing on such funding bonds shall be evidenced by interest coupons attached bearing the engraved facsimile signature of the treasurer of the municipality. When so executed, such coupons shall be the binding obligations of the municipality according to their import. In the adoption of said ordinance providing for the issue of such funding bonds, the governing body shall make the principal of the debt payable in substantially equal annual installments during the period, not exceeding twenty-five years, within which the debt is to be discharged. The date of the maturity of the first installment of the debt shall not be more than five years from the date of said funding bonds. Source: L. 75: Entire title R&RE, p. 1134, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-104 as it existed prior to 1975. 31-21-105. Disposition of bonds. All such funding bonds may be exchanged, dollar for dollar, in satisfaction of the indebtedness to be funded, or they may be sold at not less than their par value, as directed by the governing body, and the proceeds thereof shall be applied only to the purpose for which such funding bonds were issued. Source: L. 75: Entire title R&RE, p. 1135, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-105 as it existed prior to 1975. 31-21-106. Taxes for interest and redemption. The interest accruing on such funding bonds issued pursuant to the provisions of this part 1 prior to the time when tax levies are available therefor shall be paid out of the general revenues of the municipality. For the purpose of reimbursing such general revenues and for the payment of subsequently accruing interest, the governing body issuing such funding bonds or the proper tax assessing and collecting officers upon whom shall devolve the duty of levying and collecting municipal taxes shall levy annually a sufficient tax upon all of the taxable property in the municipality fully to discharge such Colorado Revised Statutes 2019 Page 233 of 587 Uncertified Printout interest. For the ultimate redemption of such funding bonds, there shall be levied annually such a tax upon all the taxable property in such municipality as will create a fund sufficient to discharge each annual installment of such funding bonds at the maturity thereof, which fund shall be called the redemption fund. All taxes for interest on and for the redemption of such bonds shall be paid in cash only and shall be kept by the municipal treasurer as a special fund to be used only in payment of the interest upon and for the redemption of such bonds. Such tax shall be levied and collected as other municipal taxes are levied and collected. The tax provisions for the ultimate redemption of such bonds shall be set forth in the ordinance authorizing their issue and shall set forth the years in which such taxes shall be levied for the creation of said redemption fund. Source: L. 75: Entire title R&RE, p. 1135, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-106 as it existed prior to 1975. 31-21-107. Ordinance irrepealable. Any ordinance authorizing an issue of funding bonds under the provisions of this part 1 and providing for the levy of taxes for the payment of the interest upon the principal of such funding bonds shall not be altered or repealed until the indebtedness thereby authorized has been fully paid. Source: L. 75: Entire title R&RE, p. 1135, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-107 as it existed prior to 1975. PART 2 REFUNDING BONDED INDEBTEDNESS 31-21-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Net effective interest rate" of a proposed issue of refunding bonds means the net interest cost of said refunding issue divided by the sum of the products derived by multiplying the principal amount of such refunding issue maturing on each maturity date by the number of years from the date of said proposed refunding bonds to their respective maturities. The "net effective interest rate" of an outstanding issue of bonds to be refunded means the net interest cost of said issue to be refunded divided by the sum of the products derived by multiplying the principal amounts of such issue to be refunded maturing on each maturity date by the number of years from the date of the proposed refunding bonds to the respective maturities of the bonds to be refunded. In all cases the net effective interest rate shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds. (2) "Net interest cost" of a proposed issue of refunding bonds means the total amount of interest to accrue on said refunding bonds from their date to their respective maturities less the amount of any premium above par at which said refunding bonds are being or have been sold. "Net interest cost" of an outstanding issue of bonds to be refunded means the total amount of interest which would accrue on said outstanding bonds from the date of the proposed refunding bonds to the respective maturity dates of said outstanding bonds to be refunded. In all cases the Colorado Revised Statutes 2019 Page 234 of 587 Uncertified Printout net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds. (3) Repealed. Source: L. 75: Entire title R&RE, p. 1136, § 1, effective July 1; (3) added, p. 1274, § 1, effective April 9. L. 89: (3) repealed, p. 1135, § 85, effective July 1. Editor's note: This section is similar to former § 31-21-201 as it existed prior to 1975. 31-21-202. Refunding bonds - amount. The governing body of any municipality may issue negotiable coupon bonds, to be denominated refunding bonds, for the purpose of refunding any of the bonded indebtedness of such municipality, whether due or not or which is payable at the option of such municipality, by consent of the bondholders, or by any lawful means. The amount of the refunding bonds to be issued under the provisions of this part 2 shall first be determined by the governing body, and a certificate of such determination shall be made and entered in and upon the records of the municipality prior to the issuance of said refunding bonds. Source: L. 75: Entire title R&RE, p. 1136, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-202 as it existed prior to 1975. 31-21-203. Vote of electors not required. Whenever such governing body deems it expedient to issue refunding bonds under the provisions of this part 2 and the net interest cost and the net effective interest rate of the proposed issue of refunding bonds does not exceed the net interest cost and net effective interest rate of the issue of bonds to be refunded, such refunding bonds may be issued without the submission of the question of issuing such refunding bonds to a vote of the registered electors of such municipality. The issuance of bonds under this part 2 for the purpose of refunding bonds which were originally issued to supply water to such municipality shall not require approval of such electors. Source: L. 75: Entire title R&RE, p. 1136, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-203 as it existed prior to 1975. 31-21-204. Vote of electors required - procedures. (1) When such governing body deems it expedient to issue refunding bonds under the provisions of this part 2 and either the net interest cost or the net effective interest rate of the proposed issue of refunding bonds exceeds the net interest cost or the net effective interest rate, respectively, of the issue of bonds to be refunded, the governing body, by ordinance or resolution, shall submit the question of issuing said refunding bonds at a special election called and held for that purpose or at a regular election of the officers of such municipality; but bonds issued under this part 2 for the purpose of refunding bonds which were originally issued to supply water to such municipality shall not require such approval of the registered electors. An election held under this section shall be held in the manner provided for the authorization of an original bonded indebtedness in section 3115-302 (1)(d). Colorado Revised Statutes 2019 Page 235 of 587 Uncertified Printout (2) At any election held under the provisions of this part 2, the question of authorizing the refunding of all or any part of the then outstanding bonded indebtedness of the municipality may be submitted as one question for determination whether such bonds are of the same or of different issues. (3) The election shall be conducted as nearly as possible in conformity with the provisions of the "Colorado Municipal Election Code of 1965". (4) The election notice shall specify, in addition to the time and places for holding said election, the qualifications for persons to vote on such question, the amount and date of the bonds to be refunded, the amount of refunding bonds proposed to be issued, and the maximum net effective interest rate at which they may be issued. (5) At such election the ballots or voting machine tabs shall contain the words "For the Refunding Bonds" and "Against the Refunding Bonds". Source: L. 75: Entire title R&RE, p. 1136, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-204 as it existed prior to 1975. Cross references: For "Colorado Municipal Election Code of 1965", see article 10 of this title. 31-21-205. Ordinance for bond issue - bonds. (1) If the governing body determines to issue refunding bonds without an election by meeting the requirements set forth in sections 3121-202 to 31-21-204 or if, upon canvassing the vote cast at any election held under the provisions of this part 2, it is determined by the governing body that a majority of the votes cast upon the question submitted are in favor of refunding, the governing body shall make such determination a part of the official records of the municipality and shall immediately thereafter adopt and make a law of the municipality, an ordinance providing for the issuance of said refunding bonds in accordance with the provisions of this part 2. (2) Such ordinance shall fix the date of said refunding bonds, shall designate the denominations thereof, shall designate the maximum net effective interest rate, the rate of interest of individual bonds, the maturity dates, and the place or alternate places of payment, within or without the state of Colorado, of both principal and interest, and shall prescribe the form of said refunding bonds. (3) Such refunding bonds shall be negotiable in form, shall recite the title of the act under which they are issued, and shall be executed in the name of the municipality and signed by the mayor, countersigned by the treasurer, with the seal of the municipality affixed thereto, and attested by the clerk. The interest accruing on such refunding bonds shall be evidenced by interest coupons thereto attached bearing the engraved facsimile signature of the treasurer of the municipality. When so executed, such coupons shall be the binding obligations of the municipality, according to their import. (4) In the adoption of said ordinance providing for the issuance of said refunding bonds, the governing body shall make the principal of the debt payable in annual or semiannual installments commencing not later than five years after the date of such bonds and maturing during a period not exceeding thirty-five years from the date thereof. The amounts of such maturities shall be fixed by the governing body. The right to redeem all or any part of said issue Colorado Revised Statutes 2019 Page 236 of 587 Uncertified Printout of bonds prior to the respective maturities thereof and the order of any such redemption may be reserved in said ordinance, and, if so reserved, shall be set forth on the face of said bonds. (5) Outstanding bonds which are secured by a pledge of specific special funds or revenues of the municipality in addition to the general ad valorem tax revenues of said municipality may be refunded under the provisions of this part 2, and substantial compliance with the provisions of this part 2 is deemed and taken to be sufficient to legally authorize such refunding and the issuance of refunding bonds for such purpose without further actions being taken by the municipality. Such a pledge of specific special funds or revenues need not be made to additionally secure the refunding bonds so issued, but such funds or revenues may be so pledged if it is deemed advisable by the governing body of the municipality. Source: L. 75: Entire title R&RE, p. 1137, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-205 as it existed prior to 1975. 31-21-206. Exchange - sale - proceeds - amounts. Such refunding bonds may be exchanged dollar for dollar for the bonds to be refunded, or they may be sold at, above, or below their par value at a price such that the net effective interest rate of the issue of refunding bonds does not exceed the maximum net effective interest rate authorized. Such refunding bonds shall be in a principal amount not exceeding the principal amount of the bonds to be refunded, as directed by the governing body, and the proceeds thereof shall be applied only to the purpose for which such refunding bonds were issued. The principal amount of said refunding bonds may be the same or less than the principal amount of the bonds to be refunded if due, adequate, and sufficient provision has been made for the payment, or redemption, and retirement of said bonds to be refunded and the payment of the interest accrued thereon in accordance with this part 2. Source: L. 75: Entire title R&RE, p. 1138, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-206 as it existed prior to 1975. 31-21-207. Tax for payment of refunding bonds. The interest accruing on such refunding bonds issued pursuant to the provisions of this part 2 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 municipality available therefor. For the purpose of reimbursing such general revenues or other revenues and for the payment of subsequently accruing interest, the governing body issuing such refunding bonds shall certify and the board of county commissioners of the county in which the city or town is located shall levy, annually, a sufficient tax upon all the taxable property in the municipality 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 municipality as will create a fund sufficient to pay or redeem and discharge such refunding bonds at or prior to their respective maturities. 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 municipality, 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 Colorado Revised Statutes 2019 Page 237 of 587 Uncertified Printout 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 municipality 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 municipal 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. Source: L. 75: Entire title R&RE, p. 1138, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-207 as it existed prior to 1975. 31-21-208. Ordinance not to be altered. Any ordinance authorizing an issue of refunding bonds under the provisions of this part 2 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 has been fully paid. Source: L. 75: Entire title R&RE, p. 1139, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-208 as it existed prior to 1975. 31-21-209. Consolidated city or town - refunding indebtedness of constituent portions - bonds. When any city or town consolidates with another city or town under the laws of the state of Colorado and has incurred a bonded indebtedness prior to such consolidation, such bonded indebtedness may be refunded by the consolidated city or town under the provisions of this part 2, as is provided for the refunding of other bonds in the same manner as it would have been the duty or within the power of the city council or board of trustees of the city or town which contracted such indebtedness to do had no such consolidation taken place. All the provisions of this part 2, including elections authorizing issuance of such refunding bonds, shall apply only within the former limits of the city or town which contracted such indebtedness. All refunding bonds so issued shall state in substance that they, together with interest thereon, are payable only by levies upon property situated within such limits as the same existed prior to such consolidation, unless the terms of consolidation shall provide that such refunding shall apply within the entire limits of the consolidated city or town. Source: L. 75: Entire title R&RE, p. 1139, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-209 as it existed prior to 1975. 31-21-210. Combined issues - procedures. Any refunding bonds may be issued to refund one or more issues of outstanding bonds of a municipality, 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 Colorado Revised Statutes 2019 Page 238 of 587 Uncertified Printout the event that two or more issues of outstanding bonds of a municipality 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 municipality. Source: L. 75: Entire title R&RE, p. 1139, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-210 as it existed prior to 1975. 31-21-211. Application of refunding bond proceeds - procedures - limitations. (1) The proceeds derived from the issuance of any refunding bonds under the provisions of this part 2 shall either be immediately applied to the payment, or redemption, and retirement of the bonds to be refunded and the cost and expense incident to such procedures or shall immediately be placed in escrow to be applied to the payment of said bonds upon their presentation therefor and the costs and expenses incident to such proceedings and for no other purpose whatsoever until the bonds being refunded have been paid in full and discharged and all accrued interest thereon has also been paid in full, upon which occurrences the escrow shall terminate, and any funds remaining therein shall be returned to the municipality and may be used to pay other bonds of the municipality. (2) The costs and expenses incident to the refunding of outstanding bonded indebtedness, the issuance of refunding bonds, and the establishment and maintenance of escrow accounts, pursuant to the provisions of this part 2, may be paid from any moneys or funds of the municipality which are legally available therefor. Any moneys or funds of the municipality legally available therefor may be placed in any escrow account established under the provisions of this part 2 and may be used and expended for the purposes specified in the escrow agreement if such procedure is deemed by the governing body to be in the best interests of the municipality. (3) Any escrowed funds, pending such use, may be invested or, if necessary, reinvested in securities meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., maturing at such times as to insure the prompt payment of the bonds refunded under the provisions of this part 2 and the interest accruing thereon. (4) Escrowed funds and investments, together with any interest to be derived from such investments, shall be in an amount which at all times shall be sufficient to pay the bonds refunded as they become due at their respective maturities or as they are called for redemption and payment on prior redemption dates as to principal, interest, any prior redemption premium due, and any charges of the escrow agent payable therefrom, and the computations made in determining such sufficiency shall be verified by a certified public accountant. (5) For the purpose of implementing the provisions of this part 2, the governing body of any municipality has the power to enter into escrow agreements and to establish escrow accounts with any commercial bank having full trust powers located within the state of Colorado, which is a member of the federal deposit insurance corporation, under protective covenants and agreements whereby such accounts shall be fully secured by, or shall be invested in, securities Colorado Revised Statutes 2019 Page 239 of 587 Uncertified Printout meeting the investment requirements established in part 6 of article 75 of title 24, C.R.S., in such amounts as will be sufficient and maturing at such times as to insure the prompt payment of the bonds refunded and the interest accruing thereon under the provisions of this part 2. (6) In no event shall the aggregate amount of bonded indebtedness of any municipality exceed the maximum allowable amount as determined pursuant to the state constitution, statutes, and charter applicable to such municipality. In determining and computing such aggregate amount of bonded indebtedness of any municipality, bonds which have been refunded as provided in this part 2, either by immediate payment, or redemption, and retirement or by the placement of the proceeds of refunding bonds in escrow shall not be deemed outstanding indebtedness from and after the date on which sufficient moneys are placed with the paying agent of such outstanding bonds for the purpose of immediately paying, or redeeming, and retiring such bonds or from and after the date on which the proceeds of said refunding bonds are placed in such an escrow. (7) The issuance of refunding bonds by any municipality for the purposes and in the manner authorized by this part 2 or under the provisions of any other law enabling such an issuance shall never be interpreted or taken to be the creation of an indebtedness such that the same would require the approval of the registered electors of the municipality, and no such approval shall be required for the issuance of such refunding bonds except as is specifically required by this part 2 or such other law under which said refunding bonds are sought to be issued or have been issued. (8) No bonds may be refunded under the provisions of this part 2 unless the holders thereof voluntarily surrender said bonds for immediate exchange or immediate payment or unless said bonds either mature or are callable for redemption prior to their maturity under their terms within ten years from the date of issuance of the refunding bonds, and provisions shall be made for paying, or redeeming, and discharging all of the bonds refunded within said period of time. Source: L. 75: Entire title R&RE, p. 1139, § 1, effective July 1; (3) and (5) amended, p. 1274, § 2, effective April 9. L. 89: (3) and (5) amended, p. 1115, § 26, effective July 1. Editor's note: This section is similar to former § 31-21-211 as it existed prior to 1975. 31-21-212. Registration of refunding bonds. Whenever any municipality issues refunding bonds under the provisions of this part 2, the governing body shall direct that the clerk of said municipality, as a part of said clerk'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 such municipality, or by any other person or corporation in behalf of such municipality for any reason whatever. It is the duty of the clerk to register said bonds, noting the principal amount, the date of issuance and maturity, and the rate of interest of said bonds. Source: L. 75: Entire title R&RE, p. 1141, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-212 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 240 of 587 Uncertified Printout 31-21-213. Redemption of refunding bonds prior to maturity - procedures. (1) If any bonds of a municipality, either bonds issued for refunding purposes or bonds issued for other purposes as set forth in section 31-15-302 (1)(d), are made redeemable prior to their respective maturities and the governing body determines that any part of such bonds should be called for redemption according to their terms, it is the duty of the clerk of such municipality, 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 once in a newspaper customarily used by said municipality 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 date and place 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. Source: L. 75: Entire title R&RE, p. 1141, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-213 as it existed prior to 1975. PART 3 PAYMENTS OF MATURED SPECIAL ASSESSMENT 31-21-301. Power to issue bonds - purpose. Subject to the provisions of this part 3, any municipality has the power to issue its negotiable coupon bonds for the purpose of paying any special assessment bonds or obligations which it 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. Source: L. 75: Entire title R&RE, p. 1141, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-301 as it existed prior to 1975. 31-21-302. Ordinance - taxes - interest - disposition. The issuance of any bonds in accordance with this part 3 shall be authorized by an ordinance, subject to and otherwise in accordance with the provisions of section 31-15-302 (1)(d). Such bonds shall bear interest at a rate and shall be exchanged or sold at a price such 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 at such place, in such denominations, and 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 3. Source: L. 75: Entire title R&RE, p. 1142, § 1, effective July 1. Colorado Revised Statutes 2019 Page 241 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-21-303 as it existed prior to 1975. 31-21-303. Construction - disposition of delinquent assessment. Nothing in this part 3 shall release or discharge any special assessment which is a lien on or against any property. Any municipality issuing bonds under this part 3 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 3, 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 3, 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. Source: L. 75: Entire title R&RE, p. 1142, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-304 as it existed prior to 1975. PART 4 PAYMENT BY TAX LEVY ON PETITION OF ELECTORS 31-21-401. Power to levy - manner paid. On the petition of a majority of the registered electors of any city or town having an outstanding bonded indebtedness amounting to one-fourth or more of its valuation for assessment, the governing body of such city or town is authorized to levy or cause to be levied at one time a tax on all the taxable property subject to taxes for payment of such bonds sufficient to discharge the entire principal of and the accrued interest on such indebtedness plus fifteen percent for delinquencies, which tax may be paid by the property owners at one time or in installments, as provided in this part 4. In determining the amount of outstanding bonded indebtedness, any sum in the sinking fund may be deducted. Source: L. 75: Entire title R&RE, p. 1142, § 1, effective July 1. L. 87: Entire section amended, p. 332, § 96, effective July 1. Editor's note: This section is similar to former § 31-21-401 as it existed prior to 1975. 31-21-402. Discharge of lien by property owner. Any property owner may discharge the lien of said bond tax on his property by paying the tax in full, in bonds or matured coupons of the issue for which the levy is made at their face value. Thereafter the same property shall not be liable for the payment of such tax as between the city or town and the property owner. Source: L. 75: Entire title R&RE, p. 1142, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-402 as it existed prior to 1975. 31-21-403. Payment in installments. Any property owner not paying the tax in full at one time has the privilege of paying the same in cash installments, the number of which Colorado Revised Statutes 2019 Page 242 of 587 Uncertified Printout installments shall be determined by the governing body and which shall equal the number of years from the time the next tax is payable to the last maturity of the bonds, with interest on the unpaid installments at the same rate which the outstanding bonds bear. After any property owner has paid one or more cash installments, he may pay the balance of said tax with bonds or matured coupons as provided in section 31-21-402. Source: L. 75: Entire title R&RE, p. 1142, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-403 as it existed prior to 1975. 31-21-404. Payment in bonds - warrant for excess. (1) The tax-collecting officers are authorized to accept full payment of such taxes in said bonds or coupons and to cancel said bonds and coupons on such payment. Said tax-collecting officers are authorized to deliver to the person paying such tax a certificate, in duplicate, showing such payment and a description of the property on which the tax was paid, which certificate may be filed or recorded in the office of the county clerk and recorder of the county wherein the property is situated. (2) In the event that any bonds or coupons presented as payment exceed the amount due, the tax-collecting officers shall deliver to the property owner a certificate to that effect, whereupon the property owner shall be entitled to receive from the city or town a warrant on its treasury, payable out of the bond and interest fund, in the amount of such excess, which warrant until paid shall bear the same rate of interest as the bonds for the payment of which the tax was levied. Source: L. 75: Entire title R&RE, p. 1143, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-404 as it existed prior to 1975. 31-21-405. Assessment and collection. Said taxes shall be certified, levied, assessed, and collected in the same manner and shall be subject to the same penalties as general taxes. Source: L. 75: Entire title R&RE, p. 1143, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-405 as it existed prior to 1975. 31-21-406. Suit by bondholder - city or town to protect. In the event that any action, suit, or proceeding is brought by any bondholder, creditor, or other person, wherein it is sought to compel the levy of any further bond tax on property which has been discharged from said tax by payment in full, the city or town shall take all necessary steps to protect said property on which the tax has been paid in full by purchasing property sold for the nonpayment of such tax in the event that there are no other purchasers and by making ample provisions for the payment of delinquent bond taxes or the installments thereof out of the general fund or any other available fund, the intention being that, as between the city or town and the taxpayer, any particular property may be fully discharged and relieved from the lien of such tax or the levy of any further tax for the same purpose by payment in full of its proportionate share thereof at the time of payment. Colorado Revised Statutes 2019 Page 243 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1143, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-406 as it existed prior to 1975. 31-21-407. Other laws unaffected. Nothing in this part 4 shall prevent the issuance of any bonds or the levy of taxes for the payment thereof in the manner as is authorized by law nor shall anything in this part 4 prevent the issuance of bonds for the purpose of refunding any outstanding bonded indebtedness of any city or town in accordance with the provisions of law applying thereto. Source: L. 75: Entire title R&RE, p. 1143, § 1, effective July 1. Editor's note: This section is similar to former § 31-21-407 as it existed prior to 1975. ARTICLE 23 Planning and Zoning PART 1 PLATS OF CITIES AND TOWNS Cross references: For vacation of streets and alleys, see part 3 of article 2 of title 43. 31-23-101. Plats of cities and towns organized prior to 1885. In all cases in which a city or town was organized prior to March 31, 1885, in which lands embraced within the boundaries thereof have been conveyed or known by lots, blocks, streets, highways, parks, squares, or other divisions of land or in which any such lots, blocks, streets, highways, parks, squares, or other divisions of land have been known as such by reference to some previous plat or map, whether prepared or submitted in accordance with law or not, the owners of such lands, in order to determine the location and boundaries thereof, may cause a plat of the same to be filed in accordance with the provisions of this part 1. Source: L. 75: Entire title R&RE, p. 1143, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-401 as it existed prior to 1975. 31-23-102. Application to other cities or towns. The provisions of this part 1 are applicable to lands within the boundaries of cities and towns organized on or after March 31, 1885, to the extent that any owners of lands therein desire to make any change in the plat of any such city or town from the plat as originally made. Source: L. 75: Entire title R&RE, p. 1144, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-405 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 244 of 587 Uncertified Printout 31-23-103. Plats of whole municipal area. (1) When any such plat embraces in its description the whole municipal area of any such city or town, it shall set forth, as near as may be: (a) All streets and highways and the width thereof; (b) All parks, squares, and other grounds reserved for public uses with the boundaries and dimensions thereof; (c) All lots and blocks and other divisions of land, with their boundaries, designating such lots and blocks by numbers and giving the dimensions of such lots and other divisions of land. (2) Reference shall be made in said plat to one or more permanent monuments. The scale of said plat shall be indicated therein, and any other matters necessary or proper to clarify the descriptions of lands indicated on any such plat may be entered thereon. Source: L. 75: Entire title R&RE, p. 1144, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-402 as it existed prior to 1975. 31-23-104. Acknowledgment of plat. Any such plat shall be acknowledged in the manner of a deed by the owners and proprietors of the lands designated upon any such plat before some officer authorized to take the acknowledgment of deeds. A copy thereof so acknowledged shall be filed in the office of the county clerk and recorder of the county where such lands are situated and also in the office of the clerk of any such city or town. When any such plat embraces in its description any street, highway, park, square, or other lands owned or held by the city or town for any public use or otherwise, said plat shall be acknowledged in behalf of the city or town by the mayor of the city or town when authorized by the resolution or ordinance of the governing body. Any such acknowledgment of any owner or proprietor may be made for such owner or proprietor by any attorney-in-fact duly authorized by deed. Source: L. 75: Entire title R&RE, p. 1144, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-403 as it existed prior to 1975. 31-23-105. Plats of portion of municipal area. A plat of any portion of such municipal area may be filed, and any number of such plats may be filed. When any plat is filed containing a description of any less than all of the municipal area, the same matters shall be indicated upon such plat, to the extent of lands described in such plat, as are required to be indicated in a plat of the whole municipal area, as near as may be. Every plat shall be acknowledged by such owner and proprietor whose lands are embraced within the description of such plat. Source: L. 75: Entire title R&RE, p. 1144, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-404 as it existed prior to 1975. 31-23-106. How parcels designated. In case of filing any such plat under this part 1, the designation by which any lot, block, or other parcel of land has previously been known shall be Colorado Revised Statutes 2019 Page 245 of 587 Uncertified Printout retained in said plat. With the consent of the city or town, any such lot, block, or other parcel of land specified in said plat may be designated by other numbers or names than those by which said lots, blocks, or other parcels of land have been previously known. Such consent of any such city or town, through its governing body, shall be evidenced by the acknowledgment of the mayor. In case of tracts or parcels of land within any such city or town which have not been known or platted by lots, blocks, or other parcels of land of a designated number or name, the same may be platted as provided in section 31-23-105 upon the consent of the city or town as provided in this section. Source: L. 75: Entire title R&RE, p. 1144, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-406 as it existed prior to 1975. 31-23-107. Public property dedicated. All streets, parks, and other places designated or described as for public use on the map or plat of any city or town or of any addition made to such city or town are public property and the fee title thereto vested in such city or town. Source: L. 75: Entire title R&RE, p. 1145, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-108 as it existed prior to 1975. 31-23-108. Record and preservation - definition. The county clerk and recorder shall record all such plats of lands within his or her county together with the description, acknowledgment, or other writing thereon in a book to be kept for that purpose and, when necessary, may reduce the scale of any such plat. Upon each record in the book he or she shall endorse his or her certificate that the same is truly recorded from the original plat filed in his or her office. The county clerk and recorder shall preserve the original plat in the original format, an electronic format, or both. If the original plat is preserved in an electronic format, then the county clerk and recorder shall scan the plat at a minimum resolution of three hundred dots per inch. The county clerk and recorder shall keep an index to such book of plats, which index shall contain the names of the parties acknowledging such plats and the name of the city or town, as the case may be. The county clerk and recorder shall likewise make entries of all the plats in the index in his or her office in which deeds are required to be entered. As used in this section, "electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities. Source: L. 75: Entire title R&RE, p. 1145, § 1, effective July 1. L. 2017: Entire section amended, (SB 17-129), ch. 213, p. 832, § 1, effective August 9. Editor's note: This section is similar to former § 31-1-407 as it existed prior to 1975. 31-23-109. Plats shall be evidence. All such original plats, the record thereof, or copies therefrom, certified by the county clerk and recorder of such county, shall be evidence in all courts and places. Colorado Revised Statutes 2019 Page 246 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1145, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-408 as it existed prior to 1975. 31-23-110. Boundaries settled by plat. Upon the filing of any such plat in the office of the county clerk and recorder, the boundaries of contiguous divisions of land, as described in section 31-23-103, upon any such plat shall be determined and settled as indicated in the plat. All the other matters indicated upon said plat are binding upon the parties acknowledging such plat. For the purpose of description in any instrument affecting title to any land described in any such plat, the designation given upon such plat shall be sufficient. Source: L. 75: Entire title R&RE, p. 1145, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-409 as it existed prior to 1975. 31-23-111. Owner construed. For the purposes of this part 1, any person having a legal or equitable interest in any lands shall be deemed an owner and proprietor. Nothing in this part 1 shall affect the rights of anyone other than those acknowledging any such plat. Source: L. 75: Entire title R&RE, p. 1145, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-410 as it existed prior to 1975. 31-23-112. Fees of recorder. The county clerk and recorder shall receive the same fees for filing and recording the plats provided for by this part 1 as are allowed for filing and recording original maps or plats of cities or towns. Source: L. 75: Entire title R&RE, p. 1145, § 1, effective July 1. Editor's note: This section is similar to former § 31-1-411 as it existed prior to 1975. Cross references: For fees for filing and recording maps or plats, see § 30-1-103. PART 2 PLANNING COMMISSION Law reviews: For article, "Land Use Decisionmaking: Legislative or Quasi-judicial Action", see 18 Colo. Law. 241 (1989). 31-23-201. Definitions. As used in this part 2, unless the context otherwise requires: (1) "Mayor" means the chief executive of the municipality, whether the official designation of his office is mayor, city manager, or otherwise; except that with respect to municipalities operating under the statutory city manager form of government, the term means the city manager. Colorado Revised Statutes 2019 Page 247 of 587 Uncertified Printout (2) "Subdivision" means any parcel of land which is to be used for condominiums, apartments, or any other multiple-dwellings units, unless such land was previously subdivided and the filing accompanying such subdivision complied with municipal regulations applicable to subdivisions of substantially the same density, or the division of a lot, tract, or parcel of land into two or more lots, plats, sites, or other divisions of land for the purpose, whether immediate or future, of sale or of building development. It includes resubdivision and, when appropriate to the context, relates to the process of subdividing or to the land or territory subdivided. Source: L. 75: Entire title R&RE, p. 1145, § 1, effective July 1. L. 81: (2) amended, p. 1512, § 1, effective June 4. Editor's note: This section is similar to former § 31-23-101 (3) and (6) as it existed prior to 1975. 31-23-202. Grant of power to municipality. Any municipality is authorized to make, adopt, amend, extend, add to, or carry out a plan as provided in this part 2 and to create by ordinance or resolution a planning commission with the powers and duties set forth in this part 2. Source: L. 75: Entire title R&RE, p. 1146, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-102 as it existed prior to 1975. 31-23-203. Personnel of the commission. (1) The municipal planning commission, referred to in this part 2 as the "commission", shall consist of not less than five nor more than seven members; except that a home rule city or town shall not be limited in the size of its commission. Unless otherwise provided by ordinance, the membership and terms of members shall be as follows: (a) When the commission is limited to five members, the membership shall consist of the mayor and a member of the governing body as ex officio members and three persons appointed by the mayor, if the mayor is an elective officer; otherwise by such office as the governing body may designate as the appointing power in the ordinance creating the commission. (b) When the commission consists of seven or more members, there shall be four ex officio members consisting of the mayor, one of the administrative officials selected by the mayor, a member of the governing body selected by the mayor, and a member of the governing body selected by the governing body; the balance of the membership shall be appointed as provided in paragraph (a) of this subsection (1). (2) All members of such commission shall be bona fide residents of the municipality and, if any member ceases to reside in such municipality, his membership on the commission shall automatically terminate. (3) All members of the commission shall serve without compensation unless otherwise provided by ordinance and the appointed members shall hold no other municipal office; except that one such appointed member may be a member of the zoning board of adjustment or appeals. The terms of ex officio members shall correspond to their respective official tenures; except that the term of the administrative official selected by the mayor shall terminate with the expiration Colorado Revised Statutes 2019 Page 248 of 587 Uncertified Printout of the term of the mayor who selected him or her. The term of each appointed member shall be six years or until his or her successor takes office; except that the respective terms of one-third of the members first appointed shall be two years, one-third shall be four years, and one-third shall be six years. Members other than the member representing the governing body may be removed, after public hearings, by the mayor for inefficiency, neglect of duty, or malfeasance in office, and the governing body may remove the member representing it for the same reasons. The mayor or the governing body, as the case may be, shall file a written statement of reasons for such removal. Vacancies occurring otherwise than through the expiration of term shall be filled for the remainder of the unexpired term by the mayor in the case of members selected or appointed by the mayor, by the governing body in the case of the member appointed by it, and by the appointing power designated by the governing body in municipalities in which the mayor is not an elective officer. (4) Notwithstanding any provisions of subsections (1) and (3) of this section to the contrary, the governing body of each municipality may provide by ordinance for the size, membership, designation of alternate membership, terms of members, removal of members pursuant to subsection (3) of this section, and filling of vacancies of the commission. Source: L. 75: Entire title R&RE, p. 1146, § 1, effective July 1. L. 79: (4) added, p. 1188, § 1, effective June 19. L. 2014: (3) amended, (HB 14-1060), ch. 67, p. 292, § 1, effective August 6. Editor's note: This section is similar to former § 31-23-103 as it existed prior to 1975. 31-23-204. Organization and rules. The commission shall elect its chairman from among the non ex officio members and shall create and fill such other of its offices as it may determine. The term of the chairman shall be one year, with eligibility for reelection. The commission shall hold at least one regular meeting in each month. It shall adopt rules for transaction of business and shall keep a record of its resolutions, transactions, findings, and determinations, which record shall be a public record. Source: L. 75: Entire title R&RE, p. 1147, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-104 as it existed prior to 1975. 31-23-205. Staff and finances. The commission may appoint such employees as it deems necessary for its work; except that the appointment, promotion, demotion, and removal of such employees shall be subject to the same provisions of law as govern other corresponding civil employees of the municipality. The commission may also contract, with the approval of the governing body, with municipal planners, engineers, and architects and other consultants for such services as it requires. The expenditures of the commission, exclusive of gifts, shall be within the amounts appropriated for the purpose by the governing body, which shall provide the funds, equipment, and accommodations necessary for the commission's work. Source: L. 75: Entire title R&RE, p. 1147, § 1, effective July 1. Colorado Revised Statutes 2019 Page 249 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-23-105 as it existed prior to 1975. 31-23-206. Master plan. (1) It is the duty of the commission to make and adopt a master plan for the physical development of the municipality, including any areas outside its boundaries, subject to the approval of the governmental body having jurisdiction thereof, which in the commission's judgment bear relation to the planning of such municipality. The master plan of a municipality shall be an advisory document to guide land development decisions; however, the plan or any part thereof may be made binding by inclusion in the municipality's adopted subdivision, zoning, platting, planned unit development, or other similar land development regulations after satisfying notice, due process, and hearing requirements for legislative or quasijudicial processes as appropriate. When a commission decides to adopt a master plan, the commission shall conduct public hearings, after notice of such public hearings has been published in a newspaper of general circulation in the municipality in a manner sufficient to notify the public of the time, place, and nature of the public hearing, prior to final adoption of a master plan in order to encourage public participation in and awareness of the development of such plan and shall accept and consider oral and written public comments throughout the process of developing the plan. Such plan, with the accompanying maps, plats, charts, and descriptive matter, shall, after consideration of each of the following, where applicable or appropriate, show the commission's recommendations for the development of said municipality and outlying areas, including: (a) The general location, character, and extent of existing, proposed, or projected streets, roads, rights-of-way, bridges, waterways, waterfronts, parkways, highways, mass transit routes and corridors, and any transportation plan prepared by any metropolitan planning organization that covers all or a portion of the municipality and that the municipality has received notification of or, if the municipality is not located in an area covered by a metropolitan planning organization, any transportation plan prepared by the department of transportation that the municipality has received notification of and that covers all or a portion of the municipality; (b) The general location of public places or facilities, including public schools, culturally, historically, or archaeologically significant buildings, sites, and objects, playgrounds, squares, parks, airports, aviation fields, military installations, and other public ways, grounds, open spaces, trails, and designated federal, state, and local wildlife areas. For purposes of this section, "military installation" shall have the same meaning as specified in section 29-20-105.6 (2)(b), C.R.S. (c) The general location and extent of public utilities terminals, capital facilities, and transfer facilities, whether publicly or privately owned or operated, for water, light, sanitation, transportation, communication, power, and other purposes, and any proposed or projected needs for capital facilities and utilities, including the priorities, anticipated costs, and funding proposals for such facilities and utilities; (d) The general location and extent of an adequate and suitable supply of water. If the master plan includes a water supply element, the planning commission shall consult with the entities that supply water for use within the municipality to ensure coordination on water supply and facility planning, and the water supply element shall identify water supplies and facilities sufficient to meet the needs of the public and private infrastructure reasonably anticipated or identified in the planning process. Nothing in this paragraph (d) shall be construed to supersede, abrogate, or otherwise impair the allocation of water pursuant to the state constitution or laws, Colorado Revised Statutes 2019 Page 250 of 587 Uncertified Printout the right to beneficially use water pursuant to decrees, contracts, or other water use agreements, or the operation, maintenance, repair, replacement, or use of any water facility. (e) The acceptance, removal, relocation, widening, narrowing, vacating, abandonment, modification, change of use, or extension of any of the public ways, rights-of-way, including the coordination of such rights-of-way with the rights-of-way of other municipalities, counties, or regions, grounds, open spaces, buildings, property, utility, or terminals, referred to in paragraphs (a) to (d) of this subsection (1); (f) A zoning plan for the control of the height, area, bulk, location, and use of buildings and premises. Such a zoning plan may protect and assure access to appropriate conditions for solar, wind, or other alternative energy sources; however, regulations and restrictions of the height, number of stories, size of buildings and other structures, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. (g) The general character, location, and extent of community centers, housing developments, whether public or private, the existing, proposed, or projected location of residential neighborhoods and sufficient land for future housing development for the existing and projected economic and other needs of all current and anticipated residents of the municipality, and redevelopment areas. If a municipality has entered into a regional planning agreement, such agreement may be incorporated by reference into the master plan. (h) A master plan for the extraction of commercial mineral deposits pursuant to section 34-1-304, C.R.S.; (i) A plan for the location and placement of public utilities that facilitates the provision of such utilities to all existing, proposed, or projected developments in the municipality; (j) Projections of population growth and housing needs to accommodate the projected population for specified increments of time. The municipality may base these projections upon data from the department of local affairs and upon the municipality's local objectives. (k) The areas containing steep slopes, geological hazards, endangered or threatened species, wetlands, floodplains, floodways, and flood risk zones, highly erodible land or unstable soils, and wildfire hazards. For purposes of determining the location of such areas, the planning commission should consider the following sources for guidance: (I) The Colorado geological survey for defining and mapping geological hazards; (II) The United States fish and wildlife service of the United States department of the interior and the parks and wildlife commission created in section 33-9-101, C.R.S., for locating areas inhabited by endangered or threatened species; (III) The Unites States Army corps of engineers and the United States fish and wildlife service national wetlands inventory for defining and mapping wetlands; (IV) The federal emergency management agency for defining and mapping floodplains, floodways, and flood risk zones; (V) The natural resources conservation service of the United States department of agriculture for defining and mapping unstable soils and highly erodible land; and (VI) The Colorado state forest service for locating wildfire hazard areas. (2) As the work of making the whole master plan progresses, the commission may from time to time adopt and publish a part thereof. Any such part shall cover one or more major sections or divisions of the municipality or one or more of the foregoing or other functional Colorado Revised Statutes 2019 Page 251 of 587 Uncertified Printout matters to be included in the plan. The commission may amend, extend, or add to the plan from time to time. (3) (Deleted by amendment, L. 2007, p. 613, § 2, effective August 3, 2007.) (4) (a) Each municipality that has a population of two thousand persons or more and that is wholly or partially located in a county that is subject to the requirements of section 30-28-106 (4), C.R.S., shall adopt a master plan within two years after January 8, 2002. (b) The department of local affairs shall annually determine, based on the population statistics maintained by said department, whether a municipality is subject to the requirements of this subsection (4), and shall notify any municipality that is newly identified as being subject to said requirements. Any such municipality shall have two years following receipt of notification from the department to adopt a master plan. (c) Once a municipality is identified as being subject to the requirements of this subsection (4), the municipality shall at all times thereafter remain subject to the requirements of this subsection (4), regardless of whether it continues to meet the criteria specified in paragraph (a) of this subsection (4). (5) A master plan adopted in accordance with the requirements of subsection (4) of this section shall contain a recreational and tourism uses element pursuant to which the municipality shall indicate how it intends to provide for the recreational and tourism needs of residents of the municipality and visitors to the municipality through delineated areas dedicated to, without limitation, hiking, mountain biking, rock climbing, skiing, cross country skiing, rafting, fishing, boating, hunting, and shooting, or any other form of sports or other recreational activity, as applicable, and commercial facilities supporting such uses. (6) The master plan of any municipality adopted or amended in accordance with the requirements of this section on and after August 8, 2005, shall satisfy the requirements of section 29-20-105.6, C.R.S., as applicable. (7) Notwithstanding any other provision of this section, no master plan originally adopted or amended in accordance with the requirements of this section shall conflict with a master plan for the extraction of commercial mineral deposits adopted by the municipality pursuant to section 34-1-304, C.R.S. Source: L. 75: Entire title R&RE, p. 1147, § 1, effective July 1. L. 79: (1)(d) amended, p. 1162, § 10, effective January 1, 1980. L. 97: (3) added, p. 414, § 2, effective April 24. L. 2000: (1) amended, p. 874, § 2, effective August 2. L. 2001, 2nd Ex. Sess.: (4) and (5) added, p. 22, § 2, effective January 8, 2002. L. 2002: (5) amended, p. 1036, § 84, effective June 1. L. 2005: (6) added, p. 223, § 3, effective August 8. L. 2007: IP(1) and (3) amended and (7) added, p. 613, § 2, effective August 3. L. 2010: (1)(b) and (6) amended, (HB 10-1205), ch. 242, p. 1078, § 3, effective August 11. L. 2012: IP(1) and (1)(k)(II) amended, (HB 12-1317), ch. 248, p. 1206, § 13, effective June 4. Editor's note: This section is similar to former § 31-23-106 as it existed prior to 1975. 31-23-207. Purposes in view. In the preparation of such plan, the commission shall make careful and comprehensive surveys and studies of present conditions and future growth of the municipality, with due regard to its relation to neighboring territory. The plan shall be made with the general purpose of guiding and accomplishing a coordinated, adjusted, and harmonious Colorado Revised Statutes 2019 Page 252 of 587 Uncertified Printout development of the municipality and its environs which will, in accordance with present and future needs, best promote health, safety, order, convenience, prosperity, and general welfare, as well as efficiency and economy in the process of development, including, among other things, adequate provision for traffic, the promotion of safety from fire, flood waters, and other dangers, adequate provision for light and air, distribution of population, affordable housing, the promotion of good civic design and arrangement, efficient expenditure of public funds, the promotion of energy conservation, and the adequate provision of public utilities and other public requirements. Source: L. 75: Entire title R&RE, p. 1147, § 1, effective July 1. L. 79: Entire section amended, p. 1163, § 11, effective January 1, 1980. L. 97: Entire section amended, p. 414, § 3, effective April 24. Editor's note: This section is similar to former § 31-23-107 as it existed prior to 1975. 31-23-208. Procedure of commission. The commission may adopt the plan as a whole by a single resolution or may by successive resolutions adopt successive parts of the plan (said parts corresponding with major geographical sections or divisions of the municipality or with functional subdivisions of the subject matter of the plan) and may adopt any amendment or extension thereof or addition thereto. Before the adoption of the plan or any such part, amendment, extension, or addition, the commission shall hold at least one public hearing thereon, notice of the time and place of which shall be given by one publication in a newspaper of general circulation in the municipality and in the official newspaper of the county affected. The adoption of the plan, any part, amendment, extension, or addition shall be by resolution of the commission carried by the affirmative votes of not less than two-thirds of the entire membership of the commission. The resolution shall refer expressly to the maps and descriptive and other matter intended by the commission to form the whole or part of the plan, and the action taken shall be recorded on the map and plan and descriptive matter by the identifying signature of the chairman or secretary of the commission. An attested copy of the plan or part thereof shall be certified to each governmental body of the territory affected and, after the approval by each body, shall be filed with the county clerk and recorder of each county wherein the territory is located. Source: L. 75: Entire title R&RE, p. 1148, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-108 as it existed prior to 1975. 31-23-209. Legal status of official plan. When the commission has adopted the master plan of the municipality or of one or more major sections or districts thereof, no street, square, park or other public way, ground or open space, public building or structure, or publicly or privately owned public utility shall be constructed or authorized in the municipality or in such planned section and district until the location, character, and extent thereof has been submitted for approval by the commission. In case of disapproval, the commission shall communicate its reasons to the municipality's governing body, which has the power to overrule such disapproval by a recorded vote of not less than two-thirds of its entire membership. If the public way, ground Colorado Revised Statutes 2019 Page 253 of 587 Uncertified Printout space, building, structure, or utility is one the authorization or financing of which does not, under the law or charter provisions governing the same, fall within the province of the municipal governing body, the submission to the commission shall be by the governmental body having jurisdiction, and the planning commission's disapproval may be overruled by said governmental body by a vote of not less than two-thirds of its membership. The failure of the commission to act within sixty days from and after the date of official submission to it shall be deemed approval. Source: L. 75: Entire title R&RE, p. 1148, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-109 as it existed prior to 1975. 31-23-210. Publicity - travel - information - entry. The commission has power to promote public interest in and understanding of the plan and to that end may publish and distribute copies of the plan or any report and may employ such other means of publicity and education as it may determine. Members of the commission may attend city planning conferences, meetings of city planning institutes, or hearings upon pending municipal planning legislation, and the commission may pay, by resolution, the reasonable traveling expenses incident to such attendance. The commission shall recommend, from time to time, to the appropriate public officials programs for public structures and improvements and for the financing thereof. It shall be part of its duties to consult and advise with public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and with citizens in relation to protecting and carrying out the plan. The commission has the right to accept and use gifts for the exercise of its functions. All public officials shall furnish to the commission, upon request, within a reasonable length of time, such available information as the commission may require for its work. The commission and its members, officers, and employees, in the performance of their functions, may enter upon any land and make examinations and surveys and place and maintain necessary marks and monuments thereon. In general, the commission has such powers as are necessary to enable it to fulfill its functions, to promote municipal planning, or to carry out the purposes of this part 2. Source: L. 75: Entire title R&RE, p. 1148, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-110 as it existed prior to 1975. 31-23-211. Zoning. Where a commission is established in accordance with the provisions of this part 2, it has and shall exercise all of the powers and rights granted to the zoning commission by part 3 of this article. When there is a zoning commission in existence at the time that a commission is created, the zoning commission shall deliver to the commission all of its records and shall thereafter cease to exercise the powers and prerogatives previously exercised by it; except that, if the existing zoning commission is nearing completion of a zoning plan, the governing body of the municipality may postpone, by resolution, the transfer of the zoning commission's powers until completion of the zoning plan; but in no event shall the period of such postponement exceed six months from the date of the creation of the commission. Colorado Revised Statutes 2019 Page 254 of 587 Uncertified Printout Nothing in this section shall invalidate or otherwise affect any zoning law or regulation or any action of the zoning commission adopted or taken prior to the creation of a commission. Source: L. 75: Entire title R&RE, p. 1149, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-111 as it existed prior to 1975. 31-23-212. Jurisdiction. The territorial jurisdiction of any commission over the subdivision of land includes all land located within the legal boundaries of the municipality and, limited only to control with reference to a major street plan and not otherwise, also includes all land lying within three miles of the boundaries of the municipality not located in any other municipality; except that in the case of any such land lying within five miles of more than one municipality, the jurisdiction of each commission shall terminate at a boundary line equidistant from the respective municipal limits of such municipalities. The jurisdiction over the subdivision of lands outside the boundary of a municipality shall apply equally to any municipality. Source: L. 75: Entire title R&RE, p. 1149, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-112 as it existed prior to 1975. 31-23-213. Scope of control. When a commission has adopted a major street plan for the territory within its subdivision control, or any part thereof, as provided in section 31-23-208, and has filed a certified copy of such plan in the office of the county clerk and recorder of the county in which such territory or such part is located, no plat of a subdivision of land within such territory or such part shall be filed or recorded until it has been approved by such commission and such approval entered in writing on the plat by the chairman or secretary of the commission. Source: L. 75: Entire title R&RE, p. 1149, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-113 as it existed prior to 1975. 31-23-214. Subdivision regulations. (1) Before any commission exercises the powers set forth in section 31-23-213, it shall adopt regulations governing the subdivision of land within its jurisdiction and shall publish the same in pamphlet form, which shall be available for public distribution, or, at the election of the commission, the regulations may be published once each week for three consecutive weeks in the official paper of the municipality or county in which such subdivisions, or any part thereof, are located. Such regulations may provide for the proper arrangement of streets in relation to other existing or planned streets and to the master plan, for adequate and convenient open spaces for traffic, utilities, access of fire fighting apparatus, recreation, light, and air, and for the avoidance of congestion of population, including minimum area and width of lots. The regulations may also provide for waivers from subdivision requirements and may establish different requirements applicable to subdivisions of different sizes, densities, or types of dwelling units. In the territory subject to subdivision jurisdiction beyond the municipal limits, the regulations shall provide only for conformance with the major street plan. Colorado Revised Statutes 2019 Page 255 of 587 Uncertified Printout (1.5) Subdivision regulations adopted under provisions of this section may protect and assure access to sunlight for solar energy devices by considering in subdivision development plans the use of restrictive covenants or solar easements, height restrictions, side yard and setback requirements, street orientation and width requirements, or other permissible forms of land use controls. (2) Before the adoption of the regulations referred to in this section, a public hearing shall be held thereon in the municipality. A copy of such regulations shall be certified by the commission to the county clerk and recorders of the counties in which the municipality and territory are located. (3) Subdivision regulations adopted under provisions of this section shall require that a subdivider, as defined in section 30-28-101 (9), C.R.S., submit to the commission evidence that provision has been made for facility sites, easements, and rights of access for electrical and natural gas utility service sufficient to ensure reliable and adequate electric or, if applicable, natural gas service for any proposed subdivision. Submission of a letter of agreement between the subdivider and utility serving the site shall be deemed sufficient to establish that adequate provision for electric or, if applicable, natural gas service to a proposed subdivision has been made. Source: L. 75: Entire title R&RE, p. 1150, § 1, effective July 1. L. 79: (1.5) added, p. 1163, § 12, effective January 1, 1980. L. 81: (1) amended, p. 1512, § 2, effective June 4. L. 83: (2) amended, p. 1262, § 1, effective March 15. L. 2000: (3) added, p. 1618, § 2, effective July 1. Editor's note: This section is similar to former § 31-23-114 as it existed prior to 1975. Cross references: For registration of subdivision developers, see part 4 of article 61 of title 12. 31-23-214.1. Subdivision plan or plat - access to public highways. No person may submit an application for subdivision approval to a local authority unless the subdivision plan or plat provides, pursuant to section 43-2-147, C.R.S., that all lots and parcels created by the subdivision will have access to the state highway system in conformance with the state highway access code. Source: L. 80: Entire section added, p. 796, § 59, effective June 5. L. 82: Entire section amended, p. 627, § 35, effective April 2. 31-23-215. Procedure - legal effect. (1) The commission shall approve or disapprove a plat within thirty days after said plat has been submitted to it; otherwise such plat shall be deemed approved and a certificate to that effect shall be issued by the commission on demand unless the applicant for the commission's approval waives this requirement and consents to an extension of such period. The ground of disapproval of any plat shall be stated upon the records of the commission. No plat shall be acted on by the commission without affording a hearing thereon. Notice of the time and place of such hearing shall be sent to mineral estate owners in accordance with article 65.5 of title 24, C.R.S. Colorado Revised Statutes 2019 Page 256 of 587 Uncertified Printout (2) Every plat approved by the commission, by virtue of such approval, shall be deemed to be an amendment or an addition to or a detail of the municipal plan and a part thereof. Approval of a plat shall not constitute or effect an acceptance by the public of any street or other open space shown upon the plat. From time to time, the commission may recommend to the governing body amendments of the zoning ordinance or map or additions thereto to conform to the commission's recommendations for the zoning regulations of the territory comprised within approved subdivisions. The commission has the power to impose use, height, area, or bulk requirements or restrictions governing buildings and premises within the subdivision if such requirements or restrictions do not authorize the violation of the then effective zoning ordinance of the municipality. Such requirements or restrictions shall be stated upon the plat prior to the approval and recording thereof, shall have the force of law, and shall be enforceable in the same manner and with the same sanctions and penalties and subject to the same powers of amendment or repeal as though set out as a part of the zoning ordinance or map of the municipality. No action taken under this section shall be binding for any purpose until such action has been approved by the governmental body of the territory affected or any part thereof. Source: L. 75: Entire title R&RE, p. 1150, § 1, effective July 1. L. 79: (1) amended, p. 1167, § 3, effective July 1. L. 2001: (1) amended, p. 490, § 5, effective July 1. L. 2007: (1) amended, p. 2122, § 8, effective August 3. Editor's note: This section is similar to former § 31-23-115 as it existed prior to 1975. 31-23-216. Penalties for sales in unapproved subdivisions. Whoever, being the owner or agent of the owner of any land located within a subdivision, transfers or sells, agrees to sell, or negotiates to sell any land by reference to or exhibition of or by use of a plat of a subdivision before such plat has been approved by the commission and recorded or filed in the office of the appropriate county clerk and recorder shall pay a penalty of one hundred dollars to the municipality for each lot or parcel so transferred, or sold, or agreed or negotiated to be sold. The description of such lot or parcel by metes and bounds in the instrument of transfer or other document used in the process of selling or transferring shall not exempt the transaction from such penalties or from the remedies provided in this section. The municipality may enjoin such transfer or sale or agreement by action for injunction brought in any court of competent jurisdiction and may recover the penalty by civil action in any court of competent jurisdiction. Source: L. 75: Entire title R&RE, p. 1151, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-116 as it existed prior to 1975. Cross references: For the requirements of monumentation of external boundaries of all subdivisions prior to recording of a plat, see § 38-51-105. 31-23-216.5. Additional enforcement - fine or imprisonment - abatement or removal. (1) In addition to any other remedies, the governing body of any municipality may provide by ordinance that it is unlawful to erect, construct, reconstruct, use, or alter any building or structure or to use any land in violation of any municipal subdivision regulation, and the Colorado Revised Statutes 2019 Page 257 of 587 Uncertified Printout governing body may enforce obedience to such ordinance by fine or imprisonment as provided in section 31-16-101. (2) In case any building or structure is or is proposed to be erected, constructed, reconstructed, altered, or used or any land is or is proposed to be used in violation of any municipal subdivision regulation, the municipality, in addition to other remedies provided by law, may institute an appropriate action to prevent, enjoin, abate, or remove the violation to prevent the occupancy of the building, structure, or land or to prevent any illegal act or use in or on such premises. Source: L. 81: Entire section added, p. 1513, § 3, effective June 4. 31-23-217. Acceptance and improvement of streets. (1) The municipality shall not accept, lay out, open, improve, grade, pave, curb, or light any street or lay or authorize water mains or sewers or connections to be laid in any street within any portion of a territory for which the commission has adopted a major street plan unless such street: (a) Has been accepted or opened as or otherwise has received the legal status of a public street prior to the adoption of such plan; or (b) Corresponds with a street shown on the official master plan or with a street on a subdivision plat approved by the planning commission or with a street on a street plat made by and adopted by the commission. However, the governing body may accept any street not shown on or not corresponding with a street on the official master plan or on any approved subdivision plat or an approved street plat if the ordinance or other measure accepting such street is first submitted to the commission for its approval and, if approved by the commission, is enacted or passed by not less than a majority of the entire membership of the governing body or, if disapproved by the commission, is enacted or passed by not less than two-thirds of the entire membership of the governing body. (2) A street approved by the commission upon submission by the governing body or a street accepted by a two-thirds vote after disapproval by the commission shall have the status of an approved street as though it had been originally shown on the official master plan or on a subdivision plat approved by the commission or had been originally platted by the commission. Source: L. 75: Entire title R&RE, p. 1151, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-117 as it existed prior to 1975. 31-23-218. Erection of buildings. (1) After the time when a commission has adopted a major street plan of the territory within the municipal limits of said municipality, no building shall be erected on any lot within such territory or part nor shall a building permit be issued therefor unless the street giving access to the lot upon which such building is proposed to be placed: (a) Has been accepted or opened as or otherwise has received the legal status of a public street prior to that time; or (b) Corresponds with a street shown on the official master plan, with a street or subdivision plat approved by the planning commission, with a street on a street plat made by and adopted by the commission, or with a street accepted by the governing body in accordance with Colorado Revised Statutes 2019 Page 258 of 587 Uncertified Printout the provisions of section 31-23-217. Any building erected in violation of this section is an unlawful structure, and the building inspector or other appropriate official may cause it to be vacated or have it removed. Source: L. 75: Entire title R&RE, p. 1151, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-118 as it existed prior to 1975. 31-23-219. Status of existing statutes. After the time when a municipal planning commission has control over subdivisions as provided in section 31-23-213, the jurisdiction of the planning commission over plats shall be exclusive within the territory under its jurisdiction, and all statutory control over plats or subdivisions of land granted by other statutes, insofar as in harmony with the provisions of this part 2, shall be deemed transferred to the planning commission of such municipality. Source: L. 75: Entire title R&RE, p. 1152, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-119 as it existed prior to 1975. 31-23-220. Reservation for future acquisition. (1) (a) Any commission is empowered, from time to time, after it has adopted a major street plan of the territory within its subdivision jurisdiction or of any major section or district thereof, to make or cause to be made surveys for the exact location of the lines of a street in any portion of such territory and to make a plat of the area or district thus surveyed showing the land which it recommends be reserved for future acquisition for public streets. The commission, before adopting any such plat, shall hold a public hearing thereon, notice of the time and place of which, with a general description of the district or area covered by the plat, shall be given not less than ten days previous to the time fixed therefor by one publication in a newspaper of general circulation in the municipality if the district or area is within the municipality or of general circulation in the county if the district or area is outside the municipality. After such a hearing the commission may transmit the plat, as originally made or modified, as may be determined by the commission, to the governing body together with the commission's estimate of the time within which the lands shown on the plat as street locations should be acquired by the municipality. (b) The governing body, by resolution, may approve and adopt or reject such plat or may modify it with the approval of the planning commission or, in the event of the commission's disapproval, the governing body, by a favorable vote of not less than two-thirds of its entire membership, may modify such plat and adopt the modified plat. In the resolution of adoption of a plat, the governing body shall fix the period of time for which the street locations shown upon the plat shall be reserved for future taking or acquisition for public use. Upon such adoption the clerk shall transmit one attested copy of the plat to the county clerk and recorder of each county in which the platted land is located and retain one copy for the purpose of public examination and hearings of claims for compensation. (2) (a) Such approval and adoption of a plat shall not, however, be deemed the opening or establishment of any street, nor the taking of any land for street purposes, nor for public use, nor as a public improvement but solely as a reservation of the street location shown therein for Colorado Revised Statutes 2019 Page 259 of 587 Uncertified Printout the period specified in the resolution for future taking or acquisition for public use. The commission at any time may negotiate for and secure from the owners of any such lands releases of claims for damages or compensation for such reservations or agreements indemnifying the municipality from such claims by others, which releases or agreements shall be binding upon the owners executing the same and their successors in title. (b) At any time after the filing of a plat with the county clerk and recorder and during the period specified for the reservation, the commission and the owner of any land containing a reserved street location may agree upon modification of the location of the lines of the proposed street. Such agreement shall include a release by said owner of any claim for compensation or damages by reason of such modification. Thereupon the commission may make a plat corresponding to the said modification and transmit the same to the governing body. If such modified plat is approved by the governing body, the clerk shall transmit an attested copy thereof to the county clerk and recorder and the modified plat shall take the place of the original plat. At any time the governing body, by resolution, may abandon any reservation and shall certify any such abandonment to the county clerk and recorder. Source: L. 75: Entire title R&RE, p. 1152, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-120 as it existed prior to 1975. 31-23-221. Compensation for reservations. (1) In the resolution of adoption of a plat, the governing body shall appoint a board of three appraisers and shall fix the time and place of meetings for hearings by said board upon the amounts of compensation to be paid for such reservations. Thereupon the clerk shall publish in at least two newspapers of general circulation in the municipality once a week for four consecutive weeks a notice which shall contain a general description of the land thus reserved as shown on the plat, the provisions of the resolution of the governing body, including the period of time for which such reservations are made, the time within which claims for compensation may be filed, which shall be not less than three nor more than six months from the date of notice, and the time and place of hearings by the board of appraisers. The first hearing shall not be set earlier than thirty days after the date of the first of such publications. Such notice shall also be posted in at least three public places in the neighborhood of or along the line of the location of the reservation. (2) The board of appraisers shall fix the amounts of compensation to be paid, respectively, to the owners of lands reserved for the period of time as shown on the plat and in the resolution adopted by the governing body. When the clerk receives, within the period fixed for the same, any claim for such compensation, he shall transmit it to the board of appraisers. At the time and place fixed for such hearings, the board of appraisers shall hear and consider all claims presented to it in writing or in person, including all evidence which may be presented by the claimants or other persons. The board of appraisers has the right on its own initiative to investigate and ascertain data or evidence relevant to the question of such compensation. In case of the abandonment of a reservation prior to the time fixed for payment of compensation, the municipality shall be liable to the owner of the land included within the abandoned reservation for the expenses, if any, incurred by such owner by reason of such reservation. Source: L. 75: Entire title R&RE, p. 1152, § 1, effective July 1. Colorado Revised Statutes 2019 Page 260 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-23-121 as it existed prior to 1975. 31-23-222. Report of appraisers - action by the governing body. (1) The board of appraisers, within ninety days after the time fixed for the filing of claims, shall file its tentative report with the clerk setting forth its findings as to the amounts of compensation to be paid the respective owners of the lands included within the lines of such reservations as located on the approved plat. Thereupon the clerk shall publish once a week for two consecutive weeks in at least two newspapers of general circulation in the municipality the fact of the filing of the report of the appraisers and specify a period of thirty days after the date of the first such publication within which objections to the report may be filed with the clerk. If objections are filed within said period, the clerk shall cause the board of appraisers to hold a meeting at which said objections shall be transmitted to the board, and the board may modify its report. The report in its original form or, if modified, in its modified form shall be transmitted to the governing body by the clerk. (2) Before passing on the report, the governing body may return it to the board of appraisers for reconsideration, and the board, upon further consideration, may transmit its former or modified report to the governing body. The governing body may approve or disapprove the report. If the report is approved by the governing body, it shall provide for the payment of the amounts of compensation set forth in the report within ninety days after the filing of the report with the governing body. In the case of those property owners who file claims, payment shall be made through the clerk who shall notify the claimants at the addresses given upon the claims filed with him. Payments to all other persons shall be made through the clerk of the district court of the county in which the reserved location is situated by the payment to said clerk of the amounts awarded to such persons. Notice of distribution to such persons shall be given and made as may be provided by a rule or order of said court. Payments made to the clerk or clerk of the district court within said ninety days shall be deemed compliance with the above requirement for payment within ninety days. (3) If the governing body disapproves the report or fails to provide for such payment within ninety days, such disapproval or failure shall be deemed a dismissal of the proceedings, a cancellation of the plat, and an abandonment of the reservations of the street locations as shown on the plat, with the same liability of the municipality for expenses as provided in the case of abandonment by resolution. Thereafter the clerk shall transmit to the county clerk and recorder an attested statement of such abandonment. Source: L. 75: Entire title R&RE, p. 1152, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-122 as it existed prior to 1975. 31-23-223. Appeal from awards. Within twenty days after the approval of any such report by the governing body, any person dissatisfied with the award of compensation may file with the clerk notice of appeal to the district court of the county in which the appellant's land is located. Within ten days of such notice, the clerk shall file with the clerk of the district court the report of the board of appraisers approved by the governing body, together with certified copies of the resolution thereof and of the notice of appeal. Thereafter the procedure shall be in accordance with the procedure specified by law. Colorado Revised Statutes 2019 Page 261 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1154, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-123 as it existed prior to 1975. 31-23-224. No compensation for buildings. The reservation of a street location, as provided in section 31-23-220, shall not prohibit or impair in any respect the use of the reserved land by the owner or occupant thereof for any lawful purpose, including the erection of buildings thereon. No compensations, other than the compensation awarded in the final report of said board of appraisers as approved by the governing body, as provided in section 31-23-222 or, in the case of an appeal, as awarded on such appeal as provided in section 31-23-223, shall at any time be paid by the municipality or public to or recovered from the municipality or public by any person for the taking of or injury to any building or structure built or erected within the period fixed in the resolution of the governing body upon any such reserved location. No compensation or damages for any such reservation shall be paid or recovered except as provided in sections 3123-221 to 31-23-223. Source: L. 75: Entire title R&RE, p. 1154, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-124 as it existed prior to 1975. 31-23-225. Major activity notice. When a subdivision or commercial or industrial activity is proposed which will cover five or more acres of land, the governing body of the municipality in which the activity is proposed shall send notice to the state geologist and the board of county commissioners of the county in which the improvement is located of the proposal prior to approval of any zoning change, subdivision, or building permit application associated with such a proposed activity. Source: L. 75: Entire title R&RE, p. 1154, § 1, effective July 1. L. 2005: Entire section amended, p. 669, § 7, effective June 1. Editor's note: This section is similar to former § 31-23-125 as it existed prior to 1975. Cross references: For duties of the state geologist upon receipt of a notice, see § 23-41205. 31-23-226. Applicability. This part 2 applies to municipalities, including home rule cities and towns, insofar as constitutionally permissible and except as limits are placed upon its application within the boundaries of home rule cities and towns by the charter or ordinance adopted pursuant thereto of said cities or towns. Source: L. 75: Entire title R&RE, p. 1156, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-101 (4) as it existed prior to 1975. Colorado Revised Statutes 2019 Page 262 of 587 Uncertified Printout 31-23-227. Allocation of powers or duties. (1) The governing body of a municipality may, by ordinance, assume and exercise any power granted to or duty placed upon the municipal planning commission by this part 2 and may, by ordinance, delegate to the municipal planning commission or other appropriate municipal body any power granted to or duty placed upon the municipal governing body by this part 2, providing that the right to appeal to the municipal governing body is retained in any such delegation; except that the power to impose fines and penalties may not be delegated. (2) The governing body of a municipality may, by ordinance, enter into an intergovernmental agreement with the county or counties in which it is located for the purposes of joint participation in land use planning, subdivision procedures, and zoning for a specific area designated in the intergovernmental agreement. However, any action taken pursuant to the intergovernmental agreement that pertains to any land within the municipality is subject to final approval by the governing body of the municipality. Source: L. 83: Entire section added, p. 1263, § 1, effective May 4. L. 96: Entire section amended, p. 575, § 1, effective April 25. PART 3 ZONING Cross references: For county planning and building codes, see article 28 of title 30. Law reviews: For comment, "The King Can Do Wrong: Local Government Immunity from Zoning", see 57 U. Colo. L. Rev. 639 (1986); for article, "Pronouncements of the U.S. Supreme Court Relating to the Criminal Law Field: 1985-1986", which discusses a case relating to municipal zoning, see 15 Colo. Law. 1560 (1986); for article, "Land Use Decisionmaking: Legislative or Quasi-judicial Action", see 18 Colo. Law. 241 (1989); for article, "Substantive Due Process and Zoning Decisions", see 25 Colo. Law. 71 (March 1996). 31-23-301. Grant of power. (1) Except as otherwise provided in section 34-1-305, C.R.S., for the purpose of promoting health, safety, morals, or the general welfare of the community, including energy conservation and the promotion of solar energy utilization, the governing body of each municipality is empowered to regulate and restrict the height, number of stories, and size of buildings and other structures, the percentage of lot that may be occupied, the size of yards, courts, and other open spaces, the density of population, the height and location of trees and other vegetation, and the location and use of buildings, structures, and land for trade, industry, residence, or other purposes. Regulations and restrictions of the height, number of stories, and the height and location of trees and other vegetation shall not apply to existing buildings, structures, trees, or vegetation except for new growth on such vegetation. Such regulations shall provide that a board of adjustment may determine and vary their application in harmony with their general purpose and intent and in accordance with general or specific rules contained in such regulations. Subject to the provisions of subsection (2) of this section and to the end that adequate safety may be secured, said governing body also has power to establish, regulate, restrict, and limit such uses on or along any storm or floodwater runoff channel or Colorado Revised Statutes 2019 Page 263 of 587 Uncertified Printout basin, as such storm or floodwater runoff channel or basin has been designated and approved by the Colorado water conservation board, in order to lessen or avoid the hazards to persons and damage to property resulting from the accumulation of storm or floodwaters. Any ordinance enacted under authority of this part 3 shall exempt from the operation thereof any building or structure as to which satisfactory proof is presented to the board of adjustment that the present or proposed situation of such building or structure is reasonably necessary for the convenience or welfare of the public. (2) The power conferred by subsection (1) of this section for flood prevention and control shall not be exercised to deprive the owner of any existing property of its future use or maintenance for the purpose to which it was lawfully devoted on February 25, 1966, but provisions may be made for the gradual elimination of uses, buildings, and structures, including provisions for the elimination of such uses when the existing uses to which they are devoted are discontinued, and for the elimination of such buildings and structures when they are destroyed or damaged in major part. (3) The governing body of any municipality or the board of adjustment thereof, in the exercise of powers pursuant to this section, may condition any zoning regulation, any amendment to such regulation, or any variance of the application thereof or the exemption of any building or structure therefrom upon the preservation, improvement, or construction of any storm or floodwater runoff channel designated and approved by the Colorado water conservation board. (4) A statutory or home rule city or town or city and county shall not enact an ordinance prohibiting the use of a state-licensed group home for either persons with intellectual and developmental disabilities or behavioral or mental health disorders that serves not more than eight persons with intellectual and developmental disabilities or eight persons with behavioral or mental health disorders and appropriate staff as a residential use of property for zoning purposes. As used in this subsection (4), the phrase "residential use of property for zoning purposes" includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. (5) (a) As used in this subsection (5), unless the context otherwise requires: (I) "Manufactured home" means a single family dwelling which: (A) Is partially or entirely manufactured in a factory; (B) Is not less than twenty-four feet in width and thirty-six feet in length; (C) Is installed on an engineered permanent foundation; (D) Has brick, wood, or cosmetically equivalent exterior siding and a pitched roof; and (E) Is certified pursuant to the "National Manufactured Housing Construction and Safety Standards Act of 1974", 42 U.S.C. 5401 et seq., as amended. (II) "Equivalent performance engineering basis" means that by using engineering calculations or testing, following commonly accepted engineering practices, all components and subsystems will perform to meet health, safety, and functional requirements to the same extent as required for other single family housing units. (b) (I) No municipality shall have or enact zoning regulations, subdivision regulations, or any other regulation affecting development which exclude or have the effect of excluding manufactured homes from the municipality if such homes meet or exceed, on an equivalent performance engineering basis, standards established by the municipal building code. Colorado Revised Statutes 2019 Page 264 of 587 Uncertified Printout (II) Nothing in this subsection (5) shall prevent a municipality from enacting any zoning, developmental, use, aesthetic, or historical standard, including, but not limited to, requirements relating to permanent foundations, minimum floor space, unit size or sectional requirements, and improvement location, side yard, and setback standards to the extent that such standards or requirements are applicable to existing or new housing within the specific use district of the municipality. (III) Nothing in this subsection (5) shall preclude any municipality from enacting municipal building code provisions for unique public safety requirements such as snow load roof, wind shear, and energy conservation factors. (IV) Nothing in this subsection (5) shall be deemed to supersede any valid covenants running with the land. Source: L. 75: Entire title R&RE, p. 1155, § 1, effective July 1; (4) added, p. 934, § 57, effective July 1. L. 79: (1) amended, p. 1163, § 13, effective January 1, 1980. L. 84: (5) added, p. 824, § 2, effective January 1, 1985. L. 87: (4) amended, p. 1217, § 2, effective July 1. L. 2006: (4) amended, p. 1408, § 76, effective August 7. L. 2017: (4) amended, (SB 17-242), ch. 263, p. 1379, § 300, effective May 25. Editor's note: This section is similar to former § 31-23-201 as it existed prior to 1975. Cross references: For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. 31-23-302. Districts. For any of the purposes enumerated in section 31-23-301, the governing body may divide the municipality into districts of such number, shape, and area as may be deemed best suited to carry out the purposes of this part 3, and within such districts it may regulate and restrict the erection, construction, reconstruction, alteration, repair, or use of buildings, structures, or land. All such regulations shall be uniform for each class or kind of buildings throughout each district, but the regulations in one district may differ from those in other districts. Source: L. 75: Entire title R&RE, p. 1156, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-202 as it existed prior to 1975. 31-23-303. Legislative declaration. (1) Such regulations shall be made in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, floodwaters, and other dangers; to promote health and general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to promote energy conservation; and to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements. Such regulations shall be made with reasonable consideration, among other things, as to the character of the district and its peculiar suitability for particular uses and with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout such municipality. Colorado Revised Statutes 2019 Page 265 of 587 Uncertified Printout (2) (a) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with intellectual and developmental disabilities, which homes are known as community residential homes as defined in section 25.5-10-202, C.R.S., is a matter of statewide concern and that a state-licensed group home for eight persons with intellectual and developmental disabilities is a residential use of property for zoning purposes. As used in this subsection (2), the phrase "residential use of property for zoning purposes" includes all forms of residential zoning and specifically, although not exclusively, single-family residential zoning. As used in this section, "persons with intellectual and developmental disabilities" has the same meaning as set forth in section 25.5-10-202, C.R.S. (b) (I) (Deleted by amendment, L. 2001, p. 104, § 2, effective March 21, 2001.) (II) The general assembly declares that the establishment of group homes for the aged for the exclusive use of not more than eight persons sixty years of age or older per home is a matter of statewide concern. The general assembly further finds and declares that it is the policy of this state to enable and assist persons sixty years of age or older who do not need nursing facilities, and who so elect, to live in normal residential surroundings, including single-family residential units. Group homes for the aged shall be distinguished from nursing facilities, as defined in section 25.5-4-103 (14), and institutions providing life care, as defined in section 1149-101 (6). Every municipality having adopted or that shall adopt a zoning ordinance shall provide for the location of group homes for the aged. A group home for the aged established under this subsection (2)(b) shall not be located within seven hundred fifty feet of another such group home, unless otherwise provided for by the municipality. Nothing in this subsection (2)(b) shall be construed to exempt the group homes from compliance with any state, county, or municipal health, safety, and fire codes. On April 29, 1976, every person sixty years of age or older who resides in a skilled or intermediate health care facility and who may be transferred or discharged therefrom to a group home for the aged shall not be so discharged or transferred unless he or she has received ninety days' advance written notice thereof or has agreed in writing to the proposed transfer or discharge. (b.5) The general assembly declares that the establishment of state-licensed group homes for the exclusive use of persons with behavioral or mental health disorders, as that term is defined in section 27-65-102, is a matter of statewide concern and that a state-licensed group home for eight persons with behavioral or mental health disorders is a residential use of property for zoning purposes, as defined in section 31-23-301 (4). A group home for persons with behavioral or mental health disorders established pursuant to this subsection (2)(b.5) must not be located within seven hundred fifty feet of another such group home, unless otherwise provided for by the municipality. A person must not be placed in a group home without being screened by either a professional person, as defined in section 27-65-102 (17), or any other such mental health professional designated by the director of a facility approved by the executive director of the department of human services pursuant to section 27-90-102. Persons determined to be not guilty by reason of insanity to a violent offense must not be placed in such group homes, and any person who has been convicted of a felony involving a violent offense is not be eligible for placement in such group homes. The provisions of this subsection (2)(b.5) must be implemented, where appropriate, by the rules of the department of public health and environment concerning residential treatment facilities for persons with behavioral or mental health disorders. Nothing in this subsection (2)(b.5) exempts such group homes from compliance with any state, county, or municipal health, safety, and fire codes. Colorado Revised Statutes 2019 Page 266 of 587 Uncertified Printout (c) Nothing in this subsection (2) shall be construed to supersede the authority of municipalities and counties to regulate such homes appropriately through local zoning ordinances or resolutions, except insofar as such regulation would be tantamount to prohibition of such homes from any residential district. This section is specifically not to be construed to permit violation of the provisions of any zoning ordinance or resolution with respect to height, setbacks, area, lot coverage or external signage or to permit architectural designs substantially inconsistent with the character of the surrounding neighborhood. This section is also not to be construed to permit conducting of the ministerial activities of any private or public organization or agency or to permit types of treatment activities or the rendering of services in a manner substantially inconsistent with the activities otherwise permitted in the particular zoning district. If reasonably related to the requirements of a particular home, a local zoning or other development regulations may, without violating the provisions of this section, also attach specific location requirements to the approval of the group home, including the availability of such services and facilities as convenience stores, commercial services, transportation, and public recreation facilities. (3) The general assembly declares that the availability and affordability of housing for residents of this state is a matter of statewide concern. It is the purpose of section 31-23-301 (5) to promote the public health, safety, and welfare by allowing residents of this state an additional opportunity to be able to live in decent, safe, and affordable housing on a permanent basis by prohibiting the exclusion of manufactured homes on single site lots from municipalities where the manufactured homes meet or exceed on an equivalent performance engineering basis the standards established by the municipal building code. Source: L. 75: Entire title R&RE, p. 1156, § 1, effective July 1; entire section amended, p. 934, § 58, effective July 1. L. 76: (2)(a.5) added, p. 695, § 2, effective April 29. L. 79: (1) amended, p. 1164, § 14, effective January 1, 1980. L. 84: (3) added, p. 825, § 3, effective January 1, 1985. L. 87: (2)(b.5) added, p. 1217, § 3, effective July 1. L. 90: (2)(b) amended, p. 1477, § 2, effective July 1. L. 91: (2)(b)(II) amended, p. 1858, § 21, effective April 11. L. 92: (2)(b.5) amended, p. 2179, § 44, effective June 2. L. 94: (2)(b.5) amended, p. 2715, § 298, effective July 1. L. 2001: (2)(a), (2)(b), and (2)(b.5) amended, p. 104, § 2, effective March 21. L. 2006: (2)(b)(II) amended, p. 2022, § 116, effective July 1; (2)(b.5) amended, p. 1408, § 77, effective August 7. L. 2010: (2)(b.5) amended, (SB 10-175), ch. 188, p. 806, § 82, effective April 29. L. 2013: (2)(a) amended, (HB 13-1314), ch. 323, p. 1813, § 53, effective March 1, 2014. L. 2017: (2)(b.5) amended, (SB 17-242), ch. 263, p. 1379, § 301, effective May 25; (2)(b)(II) amended, (SB 17-226), ch. 159, p. 590, § 10, effective August 9. Editor's note: (1) This section is similar to former § 31-23-203 as it existed prior to 1975. (2) Subsection (2) was renumbered on revision in 1977 for ease of location. Cross references: (1) For the care and treatment of the developmentally disabled, see article 10.5 of title 27. (2) For the legislative declaration in SB 17-242, see section 1 of chapter 263, Session Laws of Colorado 2017. Colorado Revised Statutes 2019 Page 267 of 587 Uncertified Printout 31-23-304. Method of procedure. The governing body of such municipality shall provide for the manner in which such regulations and restrictions and the boundaries of such districts are determined, established, enforced, and, from time to time, amended, supplemented, or changed. However, no such regulation, restriction, or boundary shall become effective until after a public hearing thereon at which parties in interest and citizens shall have an opportunity to be heard. At least fifteen days' notice of the time and place of such hearing shall be published in an official paper or a paper of general circulation in such municipality. Source: L. 75: Entire title R&RE, p. 1156, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-204 as it existed prior to 1975. 31-23-305. Changes. Such regulations, restrictions, and boundaries may from time to time be amended, supplemented, changed, modified, or repealed. In case, however, of a protest against changes in regulations or restrictions, or changes in the zone district applicable to particular land, which protest is filed with the municipal clerk at least twenty-four hours prior to the governing body's vote on the change and is signed by the owners of twenty percent or more of the area of land which is subject to the proposed change or twenty percent or more of the area of land extending a radius of one hundred feet from the land which is subject to the proposed change, disregarding intervening public streets and alleys, such changes shall not become effective except by the favorable vote of two-thirds of all the members of the governing body of the municipality. The provisions of section 31-23-304 relative to public hearings and official notice shall apply equally to all changes or amendments. Source: L. 75: Entire title R&RE, p. 1156, § 1, effective July 1. L. 81: Entire section amended, p. 1513, § 4, effective June 4. Editor's note: This section is similar to former § 31-23-205 as it existed prior to 1975. 31-23-306. Zoning commission. In order to avail itself of the powers conferred by this part 3, the governing body shall appoint a commission, known as the zoning commission, to recommend the boundaries of the various original districts and appropriate regulations to be enforced therein. Such commission shall make a preliminary report and hold public hearings thereon before submitting its final report. The governing body shall not hold its public hearings or take action until it has received the final report of such commission. Where a municipal planning commission already exists, it shall be appointed as the zoning commission. Source: L. 75: Entire title R&RE, p. 1156, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-206 as it existed prior to 1975. 31-23-307. Board of adjustment. (1) The governing body shall provide for the appointment of a board of adjustment consisting of five members, each to be appointed for three years, unless the governing body by ordinance establishes a different number of members or term of office. The governing body may provide by ordinance for filling vacancies on the board, Colorado Revised Statutes 2019 Page 268 of 587 Uncertified Printout for designation of alternate members, and for removal of members for inefficiency, neglect of duty, or malfeasance in office. The board of adjustment shall hear and decide appeals from and review any order, requirement, decision, or determination made by any administrative official charged with the enforcement of any ordinance adopted pursuant to this part 3. It shall also hear and decide all matters referred to it or upon which it is required to pass under such ordinance. Unless otherwise provided by ordinance, the concurring vote of four members of the board shall be necessary to reverse any order, requirement, decision, or determination of any such administrative official, or to decide in favor of the applicant any matter upon which it is required to pass under any such ordinance, or to effect any variation in such ordinance. Every decision of such board shall be subject, however, to review by certiorari by the district court of the county within which the municipality or any part thereof is located. Such appeal shall be filed not later than thirty days from the final action taken by the board of adjustment. Such appeal may be taken by any person aggrieved or by an officer, department, board, or bureau of the municipality. (2) An appeal to the board of adjustment shall be taken within such time as prescribed by the board of adjustment by general rule by filing with the officer from whom the appeal is taken with the board of adjustment a notice of appeal, specifying the grounds thereof. The officer from whom the appeal is taken shall at once transmit to the board of adjustment all the papers constituting the record upon which the action appealed from was taken. (3) An appeal stays all proceedings in furtherance of the action appealed from unless the officer from whom the appeal is taken certifies to the board of adjustment after the notice of appeal has been filed with him that by reason of facts stated in the certificate a stay would, in his opinion, cause imminent peril to life or property, in which case proceedings shall not be stayed otherwise than by a restraining order which may be granted by the board of adjustment or by the district court on application, on notice to the officer from whom the appeal is taken, and on due cause shown. (4) The board of adjustment shall fix a reasonable time for the hearing of the appeal, give due notice thereof to the parties, and decide the same within a reasonable time. Upon hearing, any party may appear in person or by agent or attorney. The board of adjustment may reverse or affirm, wholly or partly, or may modify the order, requirement, decision, or determination appealed from and shall make such order, requirement, decision, or determination as in its opinion ought to be made in the premises and to that end has all the powers of the officer from whom the appeal is taken. Where there are practical difficulties or unnecessary hardships in the way of carrying out the strict letter of such ordinance, the board of adjustment has the power, in passing upon appeals, to vary or modify the application of the regulations or provisions of such ordinance relating to the use, construction, or alteration of buildings or structures, or the use of land, so that the spirit of the ordinance is observed, public safety and welfare secured, and substantial justice done. The governing body by ordinance may eliminate the board of adjustment's authority to grant use variances or use modifications, or may transfer that authority to some other board, agency, or commission, or to the governing body of the municipality. Where feasible, the board of adjustment may vary or modify the application of the regulations for the purpose of considering access to sunlight for solar energy devices. (5) The governing body of a municipality that has entered into an intergovernmental agreement with the county or counties within which it is located for the purposes of joint participation in land use planning, subdivision procedures, and zoning pursuant to the authority granted in section 31-23-227 (2) may, by ordinance, enter into an intergovernmental agreement Colorado Revised Statutes 2019 Page 269 of 587 Uncertified Printout with the county or counties within which it is located for the purpose of joint participation in the establishment of a joint zoning board of adjustment for a specific area designated in the intergovernmental agreement. Source: L. 75: Entire title R&RE, p. 1157, § 1, effective July 1. L. 79: (4) amended, p. 1164, § 15, effective January 1, 1980. L. 81: (1) and (2) amended, p. 877, § 2, effective April 24; (4) amended, p. 1514, § 5, effective June 4. L. 98: (5) added, p. 689, § 2, effective May 18. Editor's note: This section is similar to former § 31-23-207 as it existed prior to 1975. 31-23-308. Remedies. In case any building or structure is erected, constructed, reconstructed, altered, repaired, converted, or maintained or any building, structure, or land is used in violation of this part 3 or of any ordinance or other regulation made under authority conferred by this part 3, the proper local authorities of the municipality, in addition to other remedies, may institute any appropriate action or proceedings to prevent such unlawful erection, construction, reconstruction, alteration, repair, conversion, maintenance, or use to restrain, correct, or abate such violation, to prevent the occupancy of said building, structure, or land, or to prevent any illegal act, conduct, business, or use in or about such premises. Source: L. 75: Entire title R&RE, p. 1157, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-208 as it existed prior to 1975. 31-23-309. Conflict with other laws. When the regulations made under authority of this part 3 require a greater width or size of yards or courts, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards than are required in any other statute or local ordinance or regulation, the provisions of the regulations made under authority of this part 3 shall govern. Wherever the provisions of any other statute, local ordinance, or regulation require a greater width or size of yards or courts, or require a lower height of building or a less number of stories, or require a greater percentage of lot to be left unoccupied, or impose higher standards than are required by the regulations made under authority of this part 3, the provisions of such statute or local ordinance or regulation shall govern. Source: L. 75: Entire title R&RE, p. 1158, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-209 as it existed prior to 1975. 31-23-310. Racial restrictions. This part 3 shall not be construed, in the case of any municipality, to confer or enlarge any authority or power to establish any restriction based upon race or color. Source: L. 75: Entire title R&RE, p. 1158, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-210 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 270 of 587 Uncertified Printout 31-23-311. Telecommunications research facilities of the United States - inclusions in planning and zoning. Any zoning plan, modification thereof, or variance therefrom adopted or granted under this part 3 or part 2 of this article on or after April 23, 1969, shall comply with the requirements of part 6 of article 11 of title 30, C.R.S. Source: L. 75: Entire title R&RE, p. 1158, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-211 as it existed prior to 1975. 31-23-312. Safety glazing materials. The governing body of each municipality in this state shall adopt standards governing the use of safety glazing materials for hazardous locations within its jurisdiction. No building permit shall be issued for the construction, reconstruction, or alteration of any structure in such municipality unless such construction, reconstruction, or alteration conforms to the standards adopted pursuant to this section. The building inspection authority in such municipality shall inspect all places to determine whether such places are in compliance with the standards for the use of safety glazing materials. Source: L. 75: Entire title R&RE, p. 1158, § 1, effective July 1. L. 86: Entire section amended, p. 502, § 123, effective July 1. Editor's note: This section is similar to former § 31-23-212 as it existed prior to 1975. 31-23-313. Planned unit developments - ordinances. Any municipality may authorize planned unit developments, as defined in section 24-67-103, C.R.S., by enacting an ordinance in accordance with the provisions of article 67 of title 24, C.R.S. Source: L. 75: Entire title R&RE, p. 1158, § 1, effective July 1. Editor's note: This section is similar to former § 31-23-213 as it existed prior to 1975. 31-23-314. Solid wastes disposal sites and facilities. All applications for solid wastes disposal sites and facilities received by a municipality shall be processed, reviewed, and approved pursuant to the provisions of part 1 of article 20 of title 30, C.R.S. Source: L. 91: Entire section added, p. 971, § 15, effective June 5. ARTICLE 25 Public Improvements Cross references: For public improvements, see also article 20 of title 30; for Colorado labor on public works, see article 17 of title 8; for public works contractor's bond, see article 26 of title 38; for the constitutional provision that establishes limitations on spending, the imposition of taxes, and the incurring of debt, see § 20 of article X of the state constitution. Colorado Revised Statutes 2019 Page 271 of 587 Uncertified Printout Law reviews: For article, "Choice of Entity: Using Limited Purpose Local Governments to Solve Problems", see 38 Colo. Law. 59 (Oct. 2009). PART 1 URBAN RENEWAL Cross references: For slum clearance and municipal housing authorities, see part 7 of article 32, article 55, and article 56 of title 24 and article 4 of title 29. Law reviews: For article, "A Brief Overview of Recent Changes in Colorado's Urban Renewal Law", see 33 Colo. Law. 99 (Sept. 2004). 31-25-101. Short title. This part 1 shall be known and may be cited as the "Urban Renewal Law". Source: L. 75: Entire title R&RE, p. 1158, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-101 as it existed prior to 1975. 31-25-102. Legislative declaration. (1) The general assembly finds and declares that there exist in municipalities of this state slum and blighted areas which constitute a serious and growing menace, injurious to the public health, safety, morals, and welfare of the residents of the state in general and of the municipalities thereof; that the existence of such areas contributes substantially to the spread of disease and crime, constitutes an economic and social liability, substantially impairs or arrests the sound growth of municipalities, retards the provision of housing accommodations, aggravates traffic problems and impairs or arrests the elimination of traffic hazards and the improvement of traffic facilities; and that the prevention and elimination of slums and blight is a matter of public policy and statewide concern in order that the state and its municipalities shall not continue to be endangered by areas which are focal centers of disease, promote juvenile delinquency, and consume an excessive proportion of its revenues because of the extra services required for police, fire, accident, hospitalization, and other forms of public protection, services, and facilities. (2) The general assembly further finds and declares that certain slum or blighted areas, or portions thereof, may require acquisition, clearance, and disposition subject to use restrictions, as provided in this part 1, since the prevailing conditions therein may make impracticable the reclamation of the area by conservation or rehabilitation; that other slum or blighted areas, or portions thereof, through the means provided in this part 1, may be susceptible of conservation or rehabilitation in such a manner that the conditions and evils enumerated in this section may be eliminated, remedied, or prevented; and that salvable slum and blighted areas can be conserved and rehabilitated through appropriate public action, as authorized or contemplated in this part 1, and the cooperation and voluntary action of the owners and tenants of property in such areas. (3) The general assembly further finds and declares that the powers conferred by this part 1 are for public uses and purposes for which public money may be expended and the police Colorado Revised Statutes 2019 Page 272 of 587 Uncertified Printout power exercised and that the necessity in the public interest for the provisions enacted in this part 1 is declared as a matter of legislative determination. (4) The general assembly further finds and declares that: (a) Urban renewal areas created for the purposes described in subsections (1) and (2) of this section shall not include agricultural land except in connection with the limited circumstances described in this part 1; and (b) The inclusion of agricultural land within urban renewal areas is a matter of statewide concern. Source: L. 75: Entire title R&RE, p. 1158, § 1, effective July 1. L. 2010: (4) added, (HB 10-1107), ch. 89, p. 298, § 1, effective June 1. Editor's note: This section is similar to former § 31-25-102 as it existed prior to 1975. 31-25-103. Definitions. As used in this part 1, unless the context otherwise requires: (1) "Agricultural land" means any one parcel of land or any two or more contiguous parcels of land that, regardless of the uses for which the land has been zoned, has been classified by the county assessor as agricultural land for purposes of the levying and collection of property tax pursuant to sections 39-1-102 (1.6)(a) and 39-1-103 (5)(a), C.R.S., at any time during the five-year period prior to the date of adoption of an urban renewal plan or any modification of such a plan. (2) "Blighted area" means an area that, in its present condition and use and, by reason of the presence of at least four of the following factors, substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare: (a) Slum, deteriorated, or deteriorating structures; (b) Predominance of defective or inadequate street layout; (c) Faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (d) Unsanitary or unsafe conditions; (e) Deterioration of site or other improvements; (f) Unusual topography or inadequate public improvements or utilities; (g) Defective or unusual conditions of title rendering the title nonmarketable; (h) The existence of conditions that endanger life or property by fire or other causes; (i) Buildings that are unsafe or unhealthy for persons to live or work in because of building code violations, dilapidation, deterioration, defective design, physical construction, or faulty or inadequate facilities; (j) Environmental contamination of buildings or property; (k) (Deleted by amendment, L. 2004, p. 1745, § 3, effective June 4, 2004.) (k.5) The existence of health, safety, or welfare factors requiring high levels of municipal services or substantial physical underutilization or vacancy of sites, buildings, or other improvements; or (l) If there is no objection by the property owner or owners and the tenant or tenants of such owner or owners, if any, to the inclusion of such property in an urban renewal area, "blighted area" also means an area that, in its present condition and use and, by reason of the presence of any one of the factors specified in paragraphs (a) to (k.5) of this subsection (2), Colorado Revised Statutes 2019 Page 273 of 587 Uncertified Printout substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. For purposes of this paragraph (l), the fact that an owner of an interest in such property does not object to the inclusion of such property in the urban renewal area does not mean that the owner has waived any rights of such owner in connection with laws governing condemnation. (3) "Bonds" means any bonds (including refunding bonds), notes, interim certificates or receipts, temporary bonds, certificates of indebtedness, debentures, or other obligations. (3.1) "Brownfield site" means real property, the development, expansion, redevelopment, or reuse of which will be complicated by the presence of a substantial amount of one or more hazardous substances, pollutants, or contaminants, as designated by the United States environmental protection agency. (3.3) "Business concern" has the same meaning as "business" as set forth in section 2456-102 (1), C.R.S. (3.5) "Displaced person" has the same meaning as set forth in section 24-56-102 (2), C.R.S., and for purposes of this part 1 shall also include any individual, family, or business concern displaced by the acquisition by eminent domain of real property by an authority. (3.7) "Governing body" means the governing body of the municipality within which an authority has been established in accordance with the requirements of this part 1. (4) "Obligee" means any bondholder, agent, or trustee for any bondholder, or any lessor demising to an authority property used in connection with an urban renewal project of the authority, or any assignee of such lessor's interest or any part thereof, and the federal government when it is a party to any contract or agreement with the authority. (5) "Public body" means the state of Colorado or any municipality, quasi-municipal corporation, board, commission, authority, or other political subdivision or public corporate body of the state. (6) "Real property" means lands, lands under water, structures, and any and all easements, franchises, incorporeal hereditaments, and every estate and right therein, legal and equitable, including terms for years and liens by way of judgment, mortgage, or otherwise. (7) "Slum area" means an area in which there is a predominance of buildings or improvements, whether residential or nonresidential, and which, by reason of dilapidation, deterioration, age or obsolescence, inadequate provision for ventilation, light, air, sanitation, or open spaces, high density of population and overcrowding, or the existence of conditions which endanger life or property by fire or other causes, or any combination of such factors, is conducive to ill health, transmission of disease, infant mortality, juvenile delinquency, or crime and is detrimental to the public health, safety, morals, or welfare. (7.5) "Urban-level development" means an area in which there is a predominance of either permanent structures or above-ground or at-grade infrastructure. (8) "Urban renewal area" means a slum area, or a blighted area, or a combination thereof which the local governing body designates as appropriate for an urban renewal project. (8.5) "Urban renewal authority" or "authority" means a corporate body organized pursuant to the provisions of this part 1 for the purposes, with the powers, and subject to the restrictions set forth in this part 1. (9) "Urban renewal plan" means a plan, as it exists from time to time, for an urban renewal project, which plan conforms to a general or master plan for the physical development Colorado Revised Statutes 2019 Page 274 of 587 Uncertified Printout of the municipality as a whole and which is sufficiently complete to indicate such land acquisition, demolition and removal of structures, redevelopment, improvements, and rehabilitation as may be proposed to be carried out in the urban renewal area, zoning and planning changes, if any, land uses, maximum densities, building requirements, and the plan's relationship to definite local objectives respecting appropriate land uses, improved traffic, public transportation, public utilities, recreational and community facilities, and other public improvements. (10) "Urban renewal project" means undertakings and activities for the elimination and for the prevention of the development or spread of slums and blight and may involve slum clearance and redevelopment, or rehabilitation, or conservation, or any combination or part thereof, in accordance with an urban renewal plan. Such undertakings and activities may include: (a) Acquisition of a slum area or a blighted area or portion thereof; (b) Demolition and removal of buildings and improvements; (c) Installation, construction, or reconstruction of streets, utilities, parks, playgrounds, and other improvements necessary for carrying out the objectives of this part 1 in accordance with the urban renewal plan; (d) Disposition of any property acquired or held by the authority as a part of its undertaking of the urban renewal project for the urban renewal areas (including sale, initial leasing, or temporary retention by the authority itself) at the fair value of such property for uses in accordance with the urban renewal plan; (e) Carrying out plans for a program through voluntary action and the regulatory process for the repair, alteration, and rehabilitation of buildings or other improvements in accordance with the urban renewal plan; and (f) Acquisition of any other property where necessary to eliminate unhealthful, unsanitary, or unsafe conditions, lessen density, eliminate obsolete or other uses detrimental to the public welfare, or otherwise remove or prevent the spread of blight or deterioration or to provide land for needed public facilities. Source: L. 75: Entire title R&RE, p. 1159, § 1, effective July 1. L. 99: (2) amended, p. 529, § 1, effective May 3. L. 2004: (2)(f), (2)(h), (2)(j), (2)(k), and (2)(l) amended and (2)(k.5), (3.3), (3.5), and (3.7) added, p. 1745, §§ 3, 2, effective June 4. L. 2005: IP(10) amended, p. 1264, § 3, effective June 3. L. 2010: (1) amended and (3.1), (7.5), and (8.5) added, (HB 101107), ch. 89, p. 298, § 2, effective June 1. Editor's note: This section is similar to former § 31-25-103 as it existed prior to 1975. 31-25-104. Urban renewal authority. (1) (a) Any twenty-five registered electors of the municipality may file a petition with the clerk, setting forth that there is a need for an authority to function in the municipality. Upon the filing of such a petition, the clerk shall give notice of the time, place, and purpose of a public hearing, at which the local governing body will determine the need for such an authority in the municipality. Such notice shall be given at the expense of the municipality by publishing a notice, at least ten days preceding the day on which the hearing is to be held, in a newspaper having a general circulation in the municipality or, if there is no such newspaper, by posting such a notice in at least three public places within the municipality at least ten days preceding the day on which the hearing is to be held. Colorado Revised Statutes 2019 Page 275 of 587 Uncertified Printout (b) Upon the date fixed for said hearing held upon notice as provided in this section, a full opportunity to be heard shall be granted to all residents and taxpayers of the municipality and to all other interested persons. After such a hearing, if the governing body finds that one or more slum or blighted areas exist in the municipality, and finds that the acquisition, clearance, rehabilitation, conservation, development, or redevelopment, or a combination thereof of such area is necessary in the interest of the public health, safety, morals, or welfare of the residents of the municipality, and declares it to be in the public interest that the urban renewal authority for such municipality created by this part 1 exercise the powers provided in this part 1 to be exercised by such authority, the governing body shall adopt a resolution so finding and declaring and shall cause notice of such resolution to be given to the mayor, who shall thereupon appoint, as provided in paragraph (a) of subsection (2) of this section, commissioners to act as an authority. A certificate signed by such commissioners shall then be filed with the division of local government in the department of local affairs and there remain of record, setting forth that the governing body made the findings and declaration provided in this paragraph (b) after such hearing and that the mayor has appointed them as commissioners. Upon the filing of such certificate, the commissioners and their successors are constituted an urban renewal authority, which shall be a body corporate and politic. The boundaries of such authority shall be coterminous with those of the municipality. (c) If the governing body, after a hearing, determines that the findings and declaration enumerated in paragraph (b) of this subsection (1) cannot be made, it shall adopt a resolution denying the petition. After six months have expired from the date of the denial of such petition, subsequent petitions may be filed and new hearings and determinations made thereon; except that there shall be at least six months between the time of filing of any subsequent petition and the denial of the last preceding petition. (d) In any suit, action, or proceeding involving the validity or enforcement of any bond, contract, mortgage, trust indenture, or other agreement of the authority, the authority shall be conclusively deemed to have been established in accordance with the provisions of this part 1 upon proof of the filing of said certificate. A copy of such certificate, duly certified by the director of the division of local government, shall be admissible in evidence in any such suit, action, or proceeding. (2) (a) (I) Except as provided in subsection (2.5) of this section, an authority consists of thirteen commissioners, not fewer than ten of whom must be appointed by the mayor, who shall designate the chairperson for the first year. In order to represent the collective interests of the county and all taxing bodies levying a mill levy in one or more urban renewal areas managed by the authority, referred to in this part 1 as an "urban renewal authority area", other than the municipality, one such commissioner on the authority must be appointed by the board of county commissioners of the county in which the territorial boundaries of the urban renewal authority area are located, one such commissioner must also be a board member of a special district selected by agreement of the special districts levying a mill levy within the boundaries of the urban renewal authority area, and one commissioner must also be an elected member of a board of education of a school district levying a mill levy within the boundaries of the urban renewal authority area. If the urban renewal authority area is located within the boundaries of more than one county, the appointment is made by agreement of all of the counties in which the boundaries of the urban renewal authority area are located. Colorado Revised Statutes 2019 Page 276 of 587 Uncertified Printout (II) If no county, special district, or school district appoints a commissioner to the authority, then the county, special district, or school district appointment remains vacant until such time as the applicable appointing authority makes the appointment pursuant to this paragraph (a). (III) If the appointing county is a city and county, the requirements of this paragraph (a) pertaining to county representation on the authority board need not be satisfied. (IV) All mayoral appointments and chair designations are subject to approval by the governing body of the municipality within which the authority has been established. Not more than one of the commissioners appointed by the mayor may be an official of the municipality. (V) In the event that an official of the municipality is appointed as commissioner of an authority, acceptance or retention of such appointment is not deemed a forfeiture of his or her office, or incompatible therewith, and does not affect his or her tenure or compensation in any way. The term of office of a commissioner of an authority who is a municipal official is not affected or curtailed by the expiration of the term of his or her municipal office. (b) The commissioners who are first appointed must be designated by the mayor to serve for staggered terms so that the term of at least one commissioner will expire each year. Thereafter, the term of office is five years. A commissioner holds office until his or her successor has been appointed and has qualified. Vacancies other than by reason of expiration of terms must be filled by the mayor for the unexpired term; except that, in the case of a commissioner on the authority who has been appointed by the board of commissioners of a county pursuant to paragraph (a) of this subsection (2), a vacancy on the authority board for the balance of the unexpired term must be filled by the board of commissioners of the county that made the original appointment, a vacancy of the special-district appointed seat must be filled by agreement of the affected special districts, and a vacancy of the school-district appointed seat must be filled by agreement of the affected school districts. A majority of the commissioners constitutes a quorum. The mayor shall file with the clerk a certificate of the appointment or reappointment of any commissioner, and such certificate is conclusive evidence of the due and proper appointment of such commissioner. A commissioner receives no compensation for his or her services, but is entitled to the necessary expenses, including traveling expenses, incurred in the discharge of his or her duties. (c) When the office of the first chairman of the authority becomes vacant and annually thereafter, the authority shall select a chairman from among its members. An authority shall select from among its members a vice-chairman, and it may employ a secretary, who shall be executive director, technical experts, and such other officers, agents, and employees, permanent and temporary, as it may require, and it shall determine their qualifications, duties, and compensation. An authority may call upon the municipal counsel or chief legal officer of the municipality for such legal services as it may require, or it may employ its own counsel and legal staff. An authority may delegate to one or more of its agents or employees such duties as it deems proper. (2.5) When the governing body of a municipality designates itself as the authority or transfers an existing authority to the governing body pursuant to section 31-25-115 (1), an authority consists of the same number of commissioners as the number of members of the governing body. In addition, in order to represent the collective interests of the county and all taxing bodies levying a mill levy within the boundaries of the urban renewal authority area other than the municipality, one additional commissioner on the authority must be appointed by the Colorado Revised Statutes 2019 Page 277 of 587 Uncertified Printout board of county commissioners of the county in which the territorial boundaries of the urban renewal authority area are located, one additional commissioner must also be a board member of a special district selected by agreement of the special districts levying a mill levy within the boundaries of the urban renewal authority area, and one additional commissioner must also be an elected member of a board of education of a school district levying a mill levy within the boundaries of the urban renewal authority area. If the number of members of the governing body causes the authority to have an even number of commissioners, the mayor shall appoint an additional commissioner to restore an odd number of commissioners to the authority. As applicable, the appointment of the county, special district, and school district representatives on the authority pursuant to this subsection (2.5) must be made in accordance with the procedures specified in subsection (2) of this section. (3) No commissioner, other officer, or employee of an authority nor any immediate member of the family of any such commissioner, officer, or employee shall acquire any interest, direct or indirect, in any project or in any property included or planned to be included in any project, nor shall he have any interest, direct or indirect, in any contract or proposed contract for materials or services to be furnished or used in connection with any project. If any commissioner, other officer, or employee of an authority owns or controls an interest, direct or indirect, in any property included or planned to be included in any project, he shall immediately disclose the same in writing to the authority, and such disclosure shall be entered upon the minutes of the authority. Upon such disclosure, such commissioner, officer, or other employee shall not participate in any action by the authority affecting the carrying out of the project planning or the undertaking of the project unless the authority determines that, in the light of such personal interest, the participation of such member in any such act would not be contrary to the public interest. Acquisition or retention of any such interest without such determination by the authority that it is not contrary to the public interest or willful failure to disclose any such interest constitutes misconduct in office. (4) The mayor, with the consent of the governing body, may remove a commissioner for inefficiency or neglect of duty or misconduct in office but only after the commissioner has been given a copy of the charges made by the mayor against him and has had an opportunity to be heard in person or by counsel before the governing body. In the event of the removal of any commissioner, the mayor shall file in the office of the clerk a record of the proceedings, together with the charges made against the commissioner and findings thereon. Source: L. 75: Entire title R&RE, p. 1161, § 1, effective July 1. L. 76: (1)(b) and (1)(d) amended, p. 597, § 11, effective July 1. L. 2015: (2)(a) and (2)(b) amended and (2.5) added, (HB 15-1348), ch. 261, p. 984, § 1, effective August 5. Editor's note: This section is similar to former § 31-25-104 as it existed prior to 1975. 31-25-105. Powers of an authority. (1) Every authority has all the powers necessary or convenient to carry out and effectuate the purposes and provisions of this part 1, including, but not limited to, the following powers in addition to others granted in this part 1: (a) To sue and to be sued; to adopt and have a seal and to alter the same at pleasure; to have perpetual succession; to make, and from time to time amend and repeal, bylaws, orders, rules, and regulations to effectuate the provisions of this part 1; Colorado Revised Statutes 2019 Page 278 of 587 Uncertified Printout (b) To undertake urban renewal projects and to make and execute any and all contracts and other instruments which it may deem necessary or convenient to the exercise of its powers under this part 1, including, but not limited to, contracts for advances, loans, grants, and contributions from the federal government or any other source; (c) To arrange for the furnishing or repair by any person or public body of services, privileges, works, streets, roads, public utilities, or educational or other facilities for or in connection with a project of the authority; to dedicate property acquired or held by it for public works, improvements, facilities, utilities, and purposes; and to agree, in connection with any of its contracts, to any conditions that it deems reasonable and appropriate under this part 1, including, but not limited to, conditions attached to federal financial assistance, and to include in any contract made or let in connection with any project of the authority provisions to fulfill such of said conditions as it may deem reasonable and appropriate; (d) To arrange with the municipality or other public body to plan, replan, zone, or rezone any part of the area of the municipality or of such other public body, as the case may be, in connection with any project proposed or being undertaken by the authority under this part 1; (e) To enter, with the consent of the owner, upon any building or property in order to make surveys or appraisals and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted; to acquire any property by purchase, lease, option, gift, grant, bequest, devise, or otherwise to acquire any interest in property by condemnation, including a fee simple absolute title thereto, in the manner provided by the laws of this state for the exercise of the power of eminent domain by any other public body (and property already devoted to a public use may be acquired in a like manner except that no property belonging to the federal government or to a public body may be acquired without its consent); except that any acquisition of any interest in property by condemnation by an authority must be approved as part of an urban renewal plan or substantial modification thereof, as provided in section 31-25-107, by a majority vote of the governing body of the municipality in which such property is located, and the acquisition of property by condemnation by an authority shall also satisfy the requirements of section 31-25-105.5; to hold, improve, clear, or prepare for redevelopment any such property; to mortgage, pledge, hypothecate, or otherwise encumber or dispose of its property; and to insure or provide for the insurance of any property or operations of the authority against any risks or hazards; except that no provision of any other law with respect to the planning or undertaking of projects or the acquisition, clearance, or disposition of property by public bodies shall restrict an authority exercising powers under this part 1 in the exercise of such functions with respect to a project of such authority unless the general assembly specifically so states; (f) (I) To invest any of its funds not required for immediate disbursement in property or in securities in which public bodies may legally invest funds subject to their control pursuant to part 6 of article 75 of title 24, C.R.S., and to redeem such bonds as it has issued at the redemption price established therein or to purchase such bonds at less than redemption price, all such bonds so redeemed or purchased to be cancelled; (II) To deposit any funds not required for immediate disbursement in any depository authorized in section 24-75-603, C.R.S. For the purpose of making such deposits, the authority may appoint, by written resolution, one or more persons to act as custodians of the funds of the authority. Such persons shall give surety bonds in such amounts and form and for such purposes as the authority requires. Colorado Revised Statutes 2019 Page 279 of 587 Uncertified Printout (g) To borrow money and to apply for and accept advances, loans, grants, and contributions from the federal government or other source for any of the purposes of this part 1 and to give such security as may be required; (h) To make such appropriations and expenditures of its funds and to set up, establish, and maintain such general, separate, or special funds and bank accounts or other accounts as it deems necessary to carry out the purposes of this part 1; (i) To make or have made and to submit or resubmit to the governing body for appropriate action the authority's proposed plans and modifications thereof necessary to the carrying out of the purposes of this part 1, such plan shall include, but not be limited to: (I) Plans to assist the municipality in the latter's preparation of a workable program for utilizing appropriate private and public resources to eliminate and prevent the development or spread of slum and blighted areas, to encourage needed urban rehabilitation, to provide for the redevelopment of slum and blighted areas, or to undertake such activities or other feasible municipal activities as may be suitably employed to achieve the objectives of such workable program, which program may include, without limitation, provision for: The prevention of the spread of blight into areas of the municipality which are free from blight through diligent enforcement of housing, zoning, and occupancy controls and standards; the rehabilitation or conservation of slum and blighted areas or portions thereof by replanning, removing congestion, providing public improvements, and encouraging rehabilitation and repair of deteriorated or deteriorating structures; and the clearance and redevelopment of slum and blighted areas or portions thereof; (II) Urban renewal plans; (III) Preliminary plans outlining proposed urban renewal activities for neighborhoods of the municipality to embrace two or more urban renewal areas; (IV) Plans for the relocation of those individuals, families, and business concerns situated in the urban renewal area which will be displaced by the urban renewal project, which relocation plans, without limitation, may include appropriate data setting forth a feasible method for the temporary relocation of such individuals and families and showing that there will be provided, in the urban renewal area or in other areas not generally less desirable in regard to public utilities and public and commercial facilities and at rents or prices within the financial means of the individuals and families so displaced, decent, safe, and sanitary dwellings equal in number to the number of and available to such individuals and families and reasonably accessible to their places of employment; (V) Plans for undertaking a program of voluntary repair and rehabilitation of buildings and improvements and for the enforcement of state and local laws, codes, and regulations relating to the use of land and the use and occupancy of buildings and improvements and to the repair, rehabilitation, demolition, or removal of buildings and improvements; (VI) Financing plans, maps, plats, appraisals, title searches, surveys, studies, and other preliminary plans and work necessary or pertinent to any proposed plans or modifications; (j) To make reasonable relocation payments to or with respect to individuals, families, and business concerns situated in an urban renewal area that will be displaced as provided in subparagraph (IV) of paragraph (i) of this subsection (1) for moving expenses and actual direct losses of property including, for business concerns, goodwill and lost profits that are reasonably related to relocation of the business, resulting from their displacement for which reimbursement Colorado Revised Statutes 2019 Page 280 of 587 Uncertified Printout or compensation is not otherwise made, including the making of such payments financed by the federal government; (k) To develop, test, and report methods and techniques and to carry out demonstrations and other activities for the prevention and the elimination of slum and blighted areas within the municipality; (l) To rent or to provide by any other means suitable quarters for the use of the authority or to accept the use of such quarters as may be furnished by the municipality or any other public body, and to equip such quarters with such furniture, furnishings, equipment, records, and supplies as the authority may deem necessary to enable it to exercise its powers under this part 1. Source: L. 75: Entire title R&RE, p. 1163, § 1, effective July 1. L. 79: (1)(f) amended, p. 1619, § 21, effective June 8. L. 89: (1)(f)(I) amended, p. 1115, § 27, effective July 1. L. 90: (1)(e) amended, p. 1480, § 1, effective April 5. L. 99: (1)(j) amended, p. 530, § 2, effective May 3. L. 2004: (1)(e) amended, p. 1746, § 4, effective June 4. Editor's note: This section is similar to former § 31-25-105 as it existed prior to 1975. 31-25-105.5. Acquisition of private property by eminent domain by authority for subsequent transfer to private party - restrictions - exceptions - right of civil action damages - definitions. (1) Except as provided in this subsection (1) or subsection (2) of this section, no private property acquired by eminent domain by an authority pursuant to section 3125-105 (1)(e) after June 4, 2004, shall be subsequently transferred to a private party unless: (a) The owner of the property consents in writing to acquisition of the property by eminent domain by the authority; (b) The governing body of the authority determines that the property is no longer necessary for the purpose for which it was originally acquired, and the authority first offers to sell the property to the owner from whom it was acquired, if the owner can be located, at a price not more than that paid by the authority and the owner of the property declines to exercise such right of first refusal; (c) The property acquired by the authority has been abandoned; or (d) The owner of the property requests or pleads in an eminent domain action that the authority acquiring the property also acquire property that is not essential to the purpose of the acquisition on the basis that acquiring less property would leave the owner of the property holding an uneconomic remnant. (2) (a) Where a proposed transfer of private property acquired by an authority by eminent domain does not satisfy one of the requirements specified in subsection (1) of this section, such property acquired by eminent domain by an authority after June 4, 2004, may be subsequently transferred to a private party only upon satisfaction of each of the following conditions: (I) The governing body has made a determination that the property is located in a blighted area or the property itself is blighted, and the urban renewal project for which the property is being acquired shall be commenced no later than seven years from the date the blight determination is made. For purposes of this section, the determination of whether a particular area or property is blighted shall be based upon reasonably current information obtained at the time the blight determination is made. Colorado Revised Statutes 2019 Page 281 of 587 Uncertified Printout (II) Not later than the commencement of the negotiation of an agreement for redevelopment or rehabilitation of property acquired or to be acquired by eminent domain, the authority provides notice and invites proposals for redevelopment or rehabilitation from all property owners, residents, and owners of business concerns located on the property acquired or to be acquired by eminent domain in the urban renewal area by mailing notice to their last known address of record. The authority may also at the same time invite proposals for redevelopment or rehabilitation from other interested persons who may not be property owners, owners of business concerns, or residents within the urban renewal area, and may provide public notice thereof by publication in a newspaper having a general circulation within the municipality in which the authority has been established. (III) In the case of a set of parcels to be acquired by the authority in connection with an urban renewal project, at least one of which is owned by an owner refusing or rejecting an agreement for the acquisition of the entire set of parcels, the authority makes a determination that the redevelopment or rehabilitation of the remaining parcels is not viable under the urban renewal plan without the parcel at issue. (b) Any owner of property located within the urban renewal area may challenge the determination of blight made by the governing body pursuant to subparagraph (I) of paragraph (a) of this subsection (2) by filing, not later than thirty days after the date the determination of blight is made, a civil action in district court for the county in which the property is located pursuant to C.R.C.P. 106 (a)(4) for judicial review of the exercise of discretion on the part of the governing body in making the determination of blight. Any such action shall be governed in accordance with the procedures and other requirements specified in the rule; except that the governing body shall have the burden of proving that, in making its determination of blight, it has neither exceeded its jurisdiction nor abused its discretion. (c) Notwithstanding any other provision of law, any determination made by the governing body pursuant to paragraph (a) of this subsection (2) shall be deemed a legislative determination and shall not be deemed a quasi-judicial determination. (d) Notwithstanding any other provision of this section, no transfer that satisfies the requirements of subsection (1) of this section shall be subject to the provisions of this subsection (2), subsection (3) or (4), or paragraph (a) of subsection (5) of this section. (3) Any authority seeking to acquire property by eminent domain in accordance with the requirements of subsection (2) of this section shall reimburse the owner of the property for reasonable attorney fees incurred by the owner in connection with the acquisition where the owner is the prevailing party on a challenge brought under paragraph (b) of subsection (2) of this section. (4) (a) Any authority that exercises the power of eminent domain to transfer acquired property to another private party as authorized in accordance with the requirements of this section shall adopt relocation assistance and land acquisition policies to benefit displaced persons that are consistent with those set forth in article 56 of title 24, C.R.S., to the extent applicable to the facts of each specific property, and, at the time of the relocation of the owner or the occupant, shall provide compensation or other forms of assistance to any displaced person in accordance with such policies. In addition, in the case of a business concern displaced by the acquisition of property by eminent domain, the authority shall make a business interruption payment to the business concern not to exceed the lesser of ten thousand dollars or one-fourth of Colorado Revised Statutes 2019 Page 282 of 587 Uncertified Printout the average annual taxable income shown on the three most recent federal income tax returns of the business concern. (b) In any case where the acquisition of property by eminent domain by an authority displaces individuals, families, or business concerns, the authority shall make reasonable efforts to relocate such individuals, families, or business concerns within the urban renewal area, where such relocation is consistent with the uses provided in the urban renewal plan, or in areas within reasonable proximity of, or comparable to, the original location of such individuals, families, or business concerns. (5) For purposes of this section, unless the context otherwise requires: (a) "Blighted area" shall have the same meaning as set forth in section 31-25-103 (2); except that, for purposes of this section only, "blighted area" means an area that, in its present condition and use and, by reason of the presence of at least five of the factors specified in section 31-25-103 (2)(a) to (2)(l), substantially impairs or arrests the sound growth of the municipality, retards the provision of housing accommodations, or constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare. (b) "Private property" or "property" means, as applied to real property, only a fee ownership interest. Source: L. 2004: Entire section added, p. 1742, § 1, effective June 4. 31-25-105.7. Condemnation actions by authorities - effect of other provisions. Notwithstanding any other provision of law, any condemnation action commenced by an authority on or after June 6, 2006, shall satisfy the requirements specified in section 38-1-101, C.R.S. To the extent there is any conflict between the provisions of this part 1 and the provisions of section 38-1-101, C.R.S., the provisions of section 38-1-101, C.R.S., shall control. Source: L. 2006: Entire section added, p. 1750, § 2, effective June 6. 31-25-106. Disposal of property in urban renewal area. (1) An authority may sell, lease, or otherwise transfer real property or any interest therein acquired by it as a part of an urban renewal project for residential, recreational, commercial, industrial, or other uses or for public use in accordance with the urban renewal plan, subject to such covenants, conditions, and restrictions, including covenants running with the land (and including the incorporation by reference therein of the provisions of an urban renewal plan or any part thereof), as it deems to be in the public interest or necessary to carry out the purposes of this part 1. The purchasers, lessees, transferees, and their successors and assigns are obligated to devote such real property only to the land uses, designs, building requirements, timing, or procedure specified in the urban renewal plan and may be obligated to comply with such other requirements as the authority may determine to be in the public interest, including the obligation to begin within a reasonable time any improvements on such real property required by the urban renewal plan. Such real property or interest shall be sold, leased, or otherwise transferred at not less than its fair value (as determined by the authority) for uses in accordance with the urban renewal plan. In determining the fair value of real property for uses in accordance with the urban renewal plan, an authority shall take into account and give consideration to the uses provided in such plan; the restrictions upon and the covenants, conditions, and obligations assumed by the purchaser or lessee; and the Colorado Revised Statutes 2019 Page 283 of 587 Uncertified Printout objectives of such plan for the prevention of the recurrence of slum or blighted areas. Real property acquired by an authority which, in accordance with the provisions of the urban renewal plan, is to be transferred shall be transferred as rapidly as feasible in the public interest consistent with the carrying out of the provisions of the urban renewal plan. Any contract for such transfer and the urban renewal plan (or such part of such contract or plan as the authority may determine) may be recorded in the land records of the county in such manner as to afford actual or constructive notice thereof. (2) An authority may dispose of real property in an urban renewal area to private persons only under such reasonable competitive bidding procedures as it shall prescribe or as provided in this subsection (2). An authority, by public notice by publication once each week for two consecutive weeks in a newspaper having a general circulation in the municipality, prior to the execution of any contract to sell, lease, or otherwise transfer real property and prior to the delivery of any instrument of conveyance with respect thereto under the provisions of this section, may invite proposals from and make available all pertinent information to any person interested in undertaking to redevelop or rehabilitate an urban renewal area or any part thereof. Such notice shall identify the area, or portion thereof, and shall state that such further information as is available may be obtained at the office designated in the notice. The authority shall consider all such redevelopment or rehabilitation proposals and the financial and legal ability of the persons making such proposals to carry them out and may negotiate with any persons for proposals for the purchase, lease, or other transfer of any real property acquired by the authority in the urban renewal area. The authority may accept such proposal as it deems to be in the public interest and in furtherance of the purposes of this part 1; except that a notification of intention to accept such proposal shall be filed with the governing body not less than fifteen days prior to any such acceptance. Thereafter, the authority may execute such contract in accordance with the provisions of subsection (1) of this section and deliver deeds, leases, and other instruments and take all steps necessary to effectuate such contract. (3) An authority may temporarily operate and maintain real property acquired in an urban renewal area pending the disposition of the property for redevelopment without regard to the provisions of subsection (1) of this section for such uses and purposes as may be deemed desirable even though not in conformity with the urban renewal plan. (4) Anything in subsection (1) of this section to the contrary notwithstanding, project real property may be set aside, dedicated, and devoted by the authority to public uses which are in accordance with the urban renewal plan or set aside, dedicated, and transferred by the authority to the municipality or to any other appropriate public body for public uses which are in accordance with such urban renewal plan, with or without compensation for such property and with or without regard to the fair value thereof as determined in subsection (1) of this section, upon or subject to such terms, conditions, covenants, restrictions, or limitations as the authority deems to be in the public interest and as are not inconsistent with the purposes and objectives and the other applicable provisions of this part 1. Source: L. 75: Entire title R&RE, p. 1165, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-106 as it existed prior to 1975. Colorado Revised Statutes 2019 Page 284 of 587 Uncertified Printout 31-25-107. Approval of urban renewal plans by local governing body - definitions. (1) (a) An authority shall not actually undertake an urban renewal project for an urban renewal area unless based on evidence presented at a public hearing the governing body, by resolution, has determined such area to be a slum, blighted area, or a combination thereof and designated such area as appropriate for an urban renewal project. (b) Notwithstanding this part 1, and in addition to any other notice required by law, within thirty days of commissioning a study to determine whether an area is a slum, blighted area, or a combination thereof in accordance with the requirements of subsection (1)(a) of this section, the authority shall provide notice to any owner of private property located in the area that is the subject of the study by mailing notice to the owner by regular mail at the last-known address of record. The notice shall state that the authority is commencing a study necessary for making a determination as to whether the area in which the owner owns property is a slum or a blighted area. Within seven days of making such determination, the authority or the municipality, as applicable, shall also provide notice of the determination to any owner of private property located in the area that is the subject of the study by mailing notice to the owner by regular mail at the last-known address of record. For purposes of this subsection (1)(b), "private property" means, as applied to real property, only a fee ownership interest. (c) (I) Except for urban renewal plans subject to section 31-25-103 (2)(l), the boundaries of an area that the governing body determines to be a blighted area shall be drawn as narrowly as the governing body determines feasible to accomplish the planning and development objectives of the proposed urban renewal area. The governing body shall not approve an urban renewal plan until a general plan for the municipality has been prepared. An authority shall not acquire real property for an urban renewal project unless the local governing body has approved the urban renewal plan in accordance with subsection (4) of this section. In making the determination as to whether a particular area is blighted pursuant to the provisions of this part 1, any particular condition found to be present may satisfy as many of the factors referenced in section 31-25-103 (2) as are applicable to such condition. (II) Notwithstanding any other provision of this part 1, no area that has been designated as an urban renewal area shall contain any agricultural land unless: (A) The agricultural land is a brownfield site; (B) Not less than one-half of the urban renewal area as a whole consists of parcels of land containing urban-level development that, at the time of the designation of such area, are determined to constitute a slum or blighted area, or a combination thereof, in accordance with the requirements of paragraph (a) of subsection (1) of this section and not less than two-thirds of the perimeter of the urban renewal area as a whole is contiguous with urban-level development as determined at the time of the designation of such area; (C) The agricultural land is an enclave within the territorial boundaries of a municipality and the entire perimeter of the enclave has been contiguous with urban-level development for a period of not less than three years as determined at the time of the designation of the area; (D) Each public body that levies an ad valorem property tax on the agricultural land agrees in writing to the inclusion of the agricultural land within the urban renewal area; or (E) The agricultural land was included in an approved urban renewal plan prior to June 1, 2010. (III) Notwithstanding any other provision of this part 1, for a period commencing on June 1, 2010, and concluding ten years from June 1, 2010, and in addition to the provisions of Colorado Revised Statutes 2019 Page 285 of 587 Uncertified Printout subparagraph (II) of this paragraph (c), no area that has been designated as an urban renewal area shall contain any agricultural land unless: (A) The agricultural land is contiguous with an urban renewal area in existence as of June 1, 2010; (B) The person who is the fee simple owner of the agricultural land as of June 1, 2010, is also the fee simple owner of land within the urban renewal area as of June 1, 2010, that is contiguous with the agricultural land; and (C) Both the agricultural land and the land within the urban renewal area that is described in sub-subparagraph (B) of this subparagraph (III) will be developed solely for the purpose of creating primary manufacturing jobs, and any ancillary jobs necessary to support such manufacturing operations, for the duration of the period during which property tax revenues in excess of a base amount are paid into a special fund pursuant to subparagraph (II) of paragraph (a) of subsection (9) of this section for the purpose of financing an urban renewal project. For purposes of this subparagraph (III), "primary manufacturing jobs" means manufacturing jobs that produce products that are in excess of those that will be consumed within the boundaries of the state and that are exported to other states and foreign countries in exchange for value. (d) In the case of an urban renewal plan approved or substantially modified on or after June 1, 2010, the plan shall include a legal description of the urban renewal area, including the legal description of any agricultural land proposed for inclusion within the urban renewal area pursuant to the conditions specified in subparagraph (II) or (III) of paragraph (c) of this subsection (1). (2) Prior to its approval of an urban renewal plan, the governing body shall submit such plan to the planning commission of the municipality, if any, for review and recommendations as to its conformity with the general plan for the development of the municipality as a whole. The planning commission shall submit its written recommendations with respect to the proposed urban renewal plan to the governing body within thirty days after receipt of the plan for review. Upon receipt of the recommendations of the planning commission or, if no recommendations are received within said thirty days, without such recommendations, the governing body may proceed with the hearing on the proposed urban renewal plan prescribed by subsection (3) of this section. (3) (a) The governing body shall hold a public hearing on an urban renewal plan or substantial modification of an approved urban renewal plan no less than thirty days after public notice thereof by publication in a newspaper having a general circulation in the municipality. The notice shall describe the time, date, place, and purpose of the hearing, shall generally identify the urban renewal area covered by the plan, and shall outline the general scope of the urban renewal project under consideration. (b) Where an authority intends to acquire private property by eminent domain within the urban renewal area to be subsequently transferred to a private party in accordance with the requirements of section 31-25-105.5 (2), the governing body, prior to the commencement of the acquisition of such property, shall first hold a public hearing on the use of eminent domain as a means to acquire such property after written notice of the time, date, place, and purpose of the hearing has been provided to each owner of property within the meaning of section 31-25-105.5 that is within the urban renewal area at least thirty days prior to the date of the hearing. In order to authorize the use of eminent domain as a means to acquire property, a governing body shall Colorado Revised Statutes 2019 Page 286 of 587 Uncertified Printout base its decision on such authorization on a finding of blighted or slum conditions without regard to the economic performance of the property to be acquired. (3.5) (a) At least thirty days prior to the hearing on an urban renewal plan or a substantial modification to such plan, regardless of when the urban renewal plan was first approved, the governing body or the authority shall submit such plan or modification to the board of county commissioners, and, if property taxes collected as a result of the county levy will be utilized, the governing body or the authority shall also submit an urban renewal impact report, which shall include, at a minimum, the following information concerning the impact of such plan: (I) The estimated duration of time to complete the urban renewal project; (II) The estimated annual property tax increment to be generated by the urban renewal project and the portion of such property tax increment to be allocated during this period to fund the urban renewal project; (III) An estimate of the impact of the urban renewal project on county revenues and on the cost and extent of additional county infrastructure and services required to serve development within the proposed urban renewal area, and the benefit of improvements within the urban renewal area to existing county infrastructure; (IV) A statement setting forth the method under which the authority or the municipality will finance, or that agreements are in place to finance, any additional county infrastructure and services required to serve development in the urban renewal area for the period in which all or any portion of the property taxes described in subparagraph (II) of paragraph (a) of subsection (9) of this section and levied by a county are paid to the authority; and (V) Any other estimated impacts of the urban renewal project on county services or revenues. (b) The inadvertent failure of a governing body or an authority to submit an urban renewal plan, substantial modification to the plan, or an urban renewal impact report, as applicable, to a board of county commissioners in accordance with the requirements of paragraph (a) of this subsection (3.5) shall neither create a cause of action in favor of any party nor invalidate any urban renewal plan or modification to the plan. (c) Notwithstanding any other provision of this section, a city and county shall not be required to submit an urban renewal impact report satisfying the requirements of paragraph (a) of this subsection (3.5). (3.7) Upon request of the governing body or the authority, each county that is entitled to receive a copy of the plan shall provide available county data and projections to assist the governing body or the authority in preparing the urban renewal impact report required pursuant to subsection (3.5) of this section. (4) Following such hearing, the governing body may approve an urban renewal plan if it finds that: (a) A feasible method exists for the relocation of individuals and families who will be displaced by the urban renewal project in decent, safe, and sanitary dwelling accommodations within their means and without undue hardship to such individuals and families; (b) A feasible method exists for the relocation of business concerns that will be displaced by the urban renewal project in the urban renewal area or in other areas that are not generally less desirable with respect to public utilities and public and commercial facilities; Colorado Revised Statutes 2019 Page 287 of 587 Uncertified Printout (c) The governing body has taken reasonable efforts to provide written notice of the public hearing prescribed by subsection (3) of this section to all property owners, residents, and owners of business concerns in the proposed urban renewal area at their last known address of record at least thirty days prior to such hearing. Such notice shall contain the same information as is required for the notice described in subsection (3) of this section. (d) No more than one hundred twenty days have passed since the commencement of the first public hearing of the urban renewal plan pursuant to subsection (3) of this section; (e) Except for urban renewal plans subject to section 31-25-103 (2)(l), if the urban renewal plan contains property that was included in a previously submitted urban renewal plan that the governing body failed to approve pursuant to this section, at least twenty-four months shall have passed since the commencement of the prior public hearing concerning such property pursuant to subsection (3) of this section unless substantial changes have occurred since the commencement of such hearing that result in such property constituting a blighted area pursuant to section 31-25-103; (f) The urban renewal plan conforms to the general plan of the municipality as a whole; (g) The urban renewal plan will afford maximum opportunity, consistent with the sound needs of the municipality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; and (h) The authority or the municipality will adequately finance, or that agreements are in place to finance, any additional county infrastructure and services required to serve development within the urban renewal area for the period in which all or any portion of the property taxes described in subparagraph (II) of paragraph (a) of subsection (9) of this section and levied by a county are paid to the authority. (4.5) In addition to the findings otherwise required to be made by the governing body pursuant to subsection (4) of this section, where an urban renewal plan seeks to acquire private property by eminent domain for subsequent transfer to a private party pursuant to section 31-25105.5 (2), the governing body may approve the urban renewal plan where it finds, in connection with a hearing satisfying the requirements of subsection (3) of this section, that the urban renewal plan has met the requirements of section 31-25-105.5 (2) and that the principal public purpose for adoption of the urban renewal plan is to facilitate redevelopment in order to eliminate or prevent the spread of physically blighted or slum areas. (5) In case the urban renewal area consists of an area of open land which, under the urban renewal plan, is to be developed for residential uses, the governing body shall comply with the applicable provisions of this section and shall also determine that a shortage of housing of sound standards and design which is decent, safe, and sanitary exists in the municipality; that the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas (including other portions of the urban renewal area); that the conditions of blight in the urban renewal area and the shortage of decent, safe, and sanitary housing cause or contribute to an increase in and spread of disease and crime and constitute a menace to the public health, safety, morals, or welfare; and that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality. (6) In case the urban renewal area consists of an area of open land which, under the urban renewal plan, is to be developed for nonresidential uses, the local governing body shall comply with the applicable provisions of this section and shall also determine that such nonresidential uses are necessary and appropriate to facilitate the proper growth and Colorado Revised Statutes 2019 Page 288 of 587 Uncertified Printout development of the community in accordance with sound planning standards and local community objectives and that the contemplated acquisition of the area may require the exercise of governmental action, as provided in this part 1, because of being in a blighted area. (7) An urban renewal plan may be modified at any time; but, if modified after the lease or sale by the authority of real property in the urban renewal project area, such modification shall be subject to such rights at law or in equity as a lessee or purchaser or his successor in interest may be entitled to assert. Any proposed modification shall be submitted to the governing body for approval. If the modification will substantially change provisions of the urban renewal plan regarding land area, land use, authorization to collect incremental tax revenue, the extent of the use of tax increment financing, the scope or nature of the urban renewal project, the scope or method of financing, design, building requirements, timing, or procedure, as previously approved, or where such modification will substantially clarify a plan that, when approved, was lacking in specificity as to the urban renewal project or financing, then the modification is substantial and subject to all of the requirements of this section. For urban renewal plans in which a pledge of the revenues deposited into the special fund created pursuant to subsection (9) of this section was made by an indenture or other legally binding document that is separate from the plan itself prior to January 1, 2016, a pledge to secure the payment of refunding bonds is not a substantial modification and is not subject to the requirements of this subsection (7). Not less than thirty days prior to approving any modification of an urban renewal plan, the governing body or urban renewal authority shall provide a detailed written description of the proposed modification to each taxing entity that levies taxes on property located within the urban renewal area and a notice of the date and time of the meeting at which the governing body will consider the modification. Any taxing entity that levies taxes on property located within the urban renewal area may file an action in the state district court exercising jurisdiction over the county in which the urban renewal area is located for an order determining, under a de novo standard of review, whether the modification is a substantial modification. Further, if requested by the taxing entity, the court shall enjoin any action by the authority pursuant to the modification until the court has determined whether the modification is a substantial modification and, if so, shall further enjoin any action by the authority until there has been compliance with subsection (9.5) of this section. (7.5) No action may be brought to enjoin any undertaking or activity of the authority pursuant to an urban renewal plan, including the issuance of bonds, the incurrence of other financial obligations, or the pledge of revenue, unless the action is commenced within forty-five days after the date on which the authority provided notice of its intention regarding such undertaking or activity. The notice must describe the undertaking or activity proposed to be engaged in by the authority and specify that any action to enjoin the undertaking or activity must be brought within forty-five days from the date of the notice. The notice must be published one time in a newspaper of general circulation within the county. On or before the date of publication of the notice, the authority shall also mail a copy of the notice to each taxing entity that levies taxes on property within the urban renewal area. (8) Upon the approval by the governing body of an urban renewal plan or a substantial modification thereof, the provisions of said plan with respect to the land area, land use, design, building requirements, timing, or procedure applicable to the property covered by said plan shall be controlling with respect thereto. Colorado Revised Statutes 2019 Page 289 of 587 Uncertified Printout (9) (a) Notwithstanding any law to the contrary, any urban renewal plan, as originally approved or as later modified pursuant to this part 1, may contain a provision that the property taxes of specifically designated public bodies, if any, levied after the effective date of the approval of such urban renewal plan upon taxable property in an urban renewal area each year or that municipal sales taxes collected within said area, or both such taxes, by or for the benefit of the designated public body must be divided for a period not to exceed twenty-five years after the effective date of adoption of such a provision, as follows: (I) That portion of the taxes which are produced by the levy at the rate fixed each year by or for each such public body upon the valuation for assessment of taxable property in the urban renewal area last certified prior to the effective date of approval of the urban renewal plan or, as to an area later added to the urban renewal area, the effective date of the modification of the plan, or that portion of municipal sales taxes collected within the boundaries of said urban renewal area in the twelve-month period ending on the last day of the month prior to the effective date of approval of said plan, or both such portions, shall be paid into the funds of each such public body as are all other taxes collected by or for said public body. (II) That portion of said property taxes or all or any portion of said sales taxes, or both, in excess of the amount of property taxes or sales taxes paid into the funds of each such public body in accordance with the requirements of subsection (9)(a)(I) of this section must be allocated to and, when collected, paid into a special fund of the authority to pay the principal of, the interest on, and any premiums due in connection with the bonds of, loans or advances to, or indebtedness incurred by, whether funded, refunded, assumed, or otherwise, the authority for financing or refinancing, in whole or in part, an urban renewal project, or to make payments under an agreement executed pursuant to this section. Any excess municipal sales tax or property tax collections not allocated pursuant to this subsection (9)(a)(II) must be paid into the funds of the municipality or other taxing entity, as applicable. Unless and until the total valuation for assessment of the taxable property in an urban renewal area exceeds the base valuation for assessment of the taxable property in such urban renewal area, as provided in subsection (9)(a)(I) of this section, all of the taxes levied upon the taxable property in such urban renewal area must be paid into the funds of the respective public bodies. Unless and until the total municipal sales tax collections in an urban renewal area exceed the base year municipal sales tax collections in such urban renewal area, as provided in subsection (9)(a)(I) of this section, all such sales tax collections must be paid into the funds of the municipality. When such bonds, loans, advances, and indebtedness, if any, including interest thereon and any premiums due in connection therewith, have been paid, all taxes upon the taxable property or the total municipal sales tax collections, or both, in such urban renewal area must be paid into the funds of the respective public bodies, and all money remaining in the special fund established pursuant to this subsection (9)(a)(II) that has not previously been rebated and that originated as property tax increment generated based on the mill levy of a taxing body, other than the municipality, within the boundaries of the urban renewal area must be repaid to each taxing body based on the pro rata share of the prior year's property tax increment attributable to each taxing body's current mill levy in which property taxes were divided pursuant to this subsection (9). Any money remaining in the special fund not generated by property tax increment is excluded from any such repayment requirement. Notwithstanding any other provision of law, any additional revenues resulting because the voters have authorized the municipality, county, special district, or school district to retain and spend said revenues pursuant to section 20 (7)(d) of article X of the state Colorado Revised Statutes 2019 Page 290 of 587 Uncertified Printout constitution subsequent to the creation of the special fund pursuant to this subsection (9)(a)(II) or as a result of an increase in the property tax mill levy approved by the voters of the municipality, county, special district, or school district subsequent to the creation of the special fund, to the extent the total mill levy of the municipality, county, special district, or school district exceeds the respective mill levy in effect at the time of approval or substantial modification of the urban renewal plan, shall not be pledged by an authority for the payment of any bonds of, any loans or advances to, or any indebtedness incurred by the authority without the consent of the relevant municipality, county, special district, or school district. To the extent the authority has received the notification specified in this subsection (9)(a)(II), such additional revenues shall then be promptly repaid by the authority to the municipality or other taxing entity. The authority shall be notified of the amount of additional revenues and the calculations used in computing the amount by the applicable municipality or other taxing entity prior to making repayment and, in any event, not later than February 1 in each fiscal year following the year in which a voter-approved revenue increase has taken effect. The authority and municipality or any other taxing entity may negotiate for the purpose of entering into an agreement on the issues of the amount of repayment, the mechanics of how repayment of the additional revenues will be accomplished, a method for resolving disputes regarding the amount of repayment, and whether the municipality or taxing entity will waive the repayment requirement, singularly or in combination, and may enter into an intergovernmental agreement regarding any of these issues. (III) In calculating and making payments as described in subparagraph (II) of this paragraph (a), the county treasurer may offset the authority's pro rata portion of any property taxes that are paid to the authority under the terms of subparagraph (II) of this paragraph (a) and that are subsequently refunded to the taxpayer against any subsequent payments due to the authority for the urban renewal project. The authority shall make adequate provision for the return of overpayments in the event that there are not sufficient property taxes due to the authority to offset the authority's pro rata portion of the refunds. The authority may establish a reserve fund for this purpose or enter into an intergovernmental agreement with the municipal governing body in which the municipality assumes responsibility for the return of the overpayments. The provisions of this subparagraph (III) shall not apply to a city and county. (b) The portion of taxes described in subparagraph (II) of paragraph (a) of this subsection (9) may be irrevocably pledged by the authority for the payment of the principal of, the interest on, and any premiums due in connection with such bonds, loans, advances, and indebtedness. This irrevocable pledge shall not extend to any taxes that are placed in a reserve fund to be returned to the county for refunds of overpayments by taxpayers; except that this limitation on the extension of the irrevocable pledge shall not apply to a city and county. (c) As used in this subsection (9), the word "taxes" shall include, without limitation, all levies authorized to be made on an ad valorem basis upon real and personal property or municipal sales taxes; but nothing in this subsection (9) shall be construed to require any public body to levy taxes. (d) In the case of urban renewal areas, including single- and multiple-family residences, school districts which include all or any part of such urban renewal area shall be permitted to participate in an advisory capacity with respect to the inclusion in an urban renewal plan of the provision provided for by this subsection (9). (e) In the event there is a general reassessment of taxable property valuations in any county including all or part of the urban renewal area subject to division of valuation for Colorado Revised Statutes 2019 Page 291 of 587 Uncertified Printout assessment under paragraph (a) of this subsection (9) or a change in the sales tax percentage levied in any municipality including all or part of the urban renewal area subject to division of sales taxes under paragraph (a) of this subsection (9), the portions of valuations for assessment or sales taxes under both subparagraphs (I) and (II) of said paragraph (a) shall be proportionately adjusted in accordance with such reassessment or change. (f) Notwithstanding the twenty-five-year period of limitation set forth in paragraph (a) of this subsection (9), any urban renewal plan, as originally approved or as later modified pursuant to this part 1, may contain a provision that the municipal sales taxes collected in an urban renewal area each year or the municipal portion of taxes levied upon taxable property within such area, or both such taxes, may be allocated as described in this subsection (9) for a period in excess of twenty-five years after the effective date of the adoption of such provision if the existing bonds are in default or about to go into default; except that such taxes shall not be allocated after all bonds of the authority issued pursuant to such plan including loans, advances, and indebtedness, if any, and interest thereon, and any premiums due in connection therewith have been paid. (g) Notwithstanding any other provision of this section, if one or more of the conditions specified in subparagraph (II), or all of the conditions specified in subparagraph (III), of paragraph (c) of subsection (1) of this section have been satisfied such that agricultural land is included within an urban renewal area, the county assessor shall value the agricultural land at its fair market value in making the calculation of the taxes to be paid to the public bodies pursuant to subparagraph (I) of paragraph (a) of this subsection (9) solely for the purpose of determining the tax increment available pursuant to subparagraph (II) of paragraph (a) of this subsection (9). Nothing in this section shall affect the actual classification, or require reclassification, of agricultural land for property tax purposes, and nothing in this section shall affect the taxes actually to be paid to the public bodies pursuant to subparagraph (I) of paragraph (a) of this subsection (9), which shall continue to be based on the agricultural classification of such land unless and until it has been reclassified in the normal course of the assessment process. (h) The manner and methods by which the requirements of this subsection (9) are to be implemented by county assessors shall be contained in such manuals, appraisal procedures, and instructions, as applicable, that the property tax administrator is authorized to prepare and publish pursuant to section 39-2-109 (1)(e), C.R.S. (i) Within the twelve-month period prior to the effective date of the approval or modification of the urban renewal plan requiring the allocation of moneys to the authority pursuant to paragraph (a) of this subsection (9), the municipality, county, special district, or school district is entitled to the reimbursement of any moneys that such municipality, county, special district, or school district pays to, contributes to, or invests in the authority for the project. The reimbursement is to be paid from the special fund of the authority established pursuant to paragraph (a) of this subsection (9). (9.5) (a) Before any urban renewal plan containing any tax allocation provisions that allocates any taxes of any taxing entity other than the municipality may be approved by the municipal governing body pursuant to subsection (4) of this section, the authority shall notify the board of county commissioners of each county and the governing boards of each other taxing entity whose incremental property tax revenues would be allocated under such proposed plan. Representatives of the authority and the governing body of each taxing entity shall then meet and attempt to negotiate an agreement governing the sharing of incremental property tax revenue Colorado Revised Statutes 2019 Page 292 of 587 Uncertified Printout allocated to the special fund of the authority established in accordance with subparagraph (II) of paragraph (a) of subsection (9) of this section. The agreement must address, without limitation, estimated impacts of the urban renewal plan on county or district services associated solely with the urban renewal plan. The agreement may be entered into separately among the authority and each such taxing entity, or through a joint agreement among the authority and any taxing entity that has chosen to enter that agreement. Any such shared incremental tax revenues governed by any agreement are limited to all or any portion of the incremental revenue generated by the taxes levied upon taxable property by the taxing entity within the area covered by the urban renewal plan in addition to any incremental sales tax revenues generated within the area covered by the urban renewal plan by the imposition of the sales tax of the municipality and, at the option of any other taxing entity levying a sales tax in the area covered by the urban renewal plan, any incremental sales tax revenues of such other taxing entity that are included within the agreement. (b) The agreement described in paragraph (a) of this subsection (9.5) may provide for a waiver of any provision of this part 1 that provides for notice to the taxing entity, requires any filing with or by the taxing entity, requires or permits consent from the taxing entity, or provides any enforcement right to the taxing entity. (c) If, after a period of one hundred twenty days from the date of notice or such longer or shorter period as the authority and any taxing entity may agree, there is no agreement between the authority and any taxing entity as described in paragraph (a) of this subsection (9.5), the authority and any applicable taxing entity are subject to the provisions and limitations of paragraph (d) of this subsection (9.5). (d) (I) In an absence of an agreement between the authority and any taxing entity as described in paragraph (a) of this subsection (9.5), the parties must submit to mediation on the issue of appropriate sharing of incremental property tax revenues and urban renewal project costs among the authority and any such taxing entities whose incremental property tax revenues will be allocated pursuant to an urban renewal plan and with whom an intergovernmental agreement with the authority has not been reached. (II) The mediation required by subparagraph (I) of this paragraph (d) must be conducted by a mediator who has been jointly selected by the parties; except that, if the parties are unable to agree on the selection of a mediator, then the authority shall select one mediator, the other parties shall select a second mediator, and these two mediators shall then select a third mediator. In such circumstances, the mediation will be jointly conducted by the three mediators. Unless all parties otherwise agree, any mediator selected pursuant to this paragraph (d) must be an attorney licensed in the state for at least ten years and must be experienced in both land use and administrative law. Payment of the fees and costs for the mediation must be split equally between or among the parties. (III) In making a determination of the appropriate sharing, the mediator must consider the nature of the project, the nature and relative size of the revenue and other benefits that are expected to accrue to the municipality and other taxing entities as a result of the project, any legal limitations on the use of revenues belonging to the authority or any taxing entity, and any capital or operating costs that are expected to result from the project. Within ninety days, the mediator must issue his or her findings of fact as to the appropriate sharing of costs and incremental property tax revenues, and shall promptly transmit such information to the parties. With respect to the use of incremental property tax revenues of each other taxing entity, following the issuance of findings by the mediator, the governing body of the municipality shall: Colorado Revised Statutes 2019 Page 293 of 587 Uncertified Printout (A) Incorporate the mediator's findings on the use of incremental property tax revenues of any taxing body into the urban renewal plan and proceed to adopt the plan; (B) Amend the urban renewal plan to delete authorization of the use of the incremental property tax revenues of any taxing body with whom an agreement has not been reached; or (C) Direct the authority to either incorporate the mediator's findings into one or more intergovernmental agreements with other taxing entities or to enter into new negotiations with one or more taxing entities and to enter into one or more intergovernmental agreements with such taxing entities that incorporate such new or different provisions concerning the sharing of costs and incremental property tax revenues with which the parties are in agreement. (e) Notwithstanding any other provision of law, no incremental property tax revenues may be allocated and paid into the special fund of the authority in accordance with subparagraph (II) of paragraph (a) of subsection (9) of this section unless the municipality or the authority has satisfied the requirements of this subsection (9.5). (f) Notwithstanding any other provision of this section, a city and county is not required to reach an agreement with a county satisfying the requirements of this subsection (9.5). (g) For purposes of this subsection (9.5), "taxing entity" means any county, special district, or other public body that levies an ad valorem property tax on property within the urban renewal area subject to a tax allocation provision. (9.6) (a) Notwithstanding any other provision of law, the governing body of the municipality, as applicable, may provide in an urban renewal plan that the valuation attributable to the extraction of mineral resources located within the urban renewal area shall not be subject to the division that is otherwise required by subsection (9)(a) of this section. In such circumstances, the taxes levied on the valuation will be distributed to the public bodies as if the urban renewal plan was not in effect. (b) For purposes of this subsection (9.6): (I) "Mineral resources" has the same meaning as specified in section 36-1-100.3 (3). (II) "Valuation attributable to the extraction of mineral resources" includes: (A) The value of oil and gas leaseholds and land and subsurface oil and gas well equipment that is valued for assessment purposes as real property under sections 39-7-102 and 39-7-103; and (B) Surface oil and gas well equipment and submersible pumps and sucker rods located on oil and gas leaseholds and land that is valued for assessment purposes as personal property under section 39-7-103. (9.7) Notwithstanding any other provision of law: (a) Nothing in subsection (9.5) of this section, as added by House Bill 15-1348, enacted in 2015, and as amended by Senate Bill 16-177, enacted in 2016, is intended to impair, jeopardize, or put at risk any existing bonds, investments, loans, contracts, or financial obligations of an urban renewal authority outstanding as of December 31, 2015, or the pledge of pledged revenues or assets to the payment thereof that occurred on or before December 31, 2015. (b) The requirements of section 31-25-104 (2)(a), (2)(b), and (2.5), section 31-25-115 (1.5), the introductory portion of subsection (9)(a) of this section, subsections (9)(a)(II), (9)(i), and (9.5) of this section, as added by House Bill 15-1348, enacted in 2015, and as amended by Senate Bill 16-177, enacted in 2016, and the requirements of subsections (7) and (7.5) of this section as amended by Senate Bill 17-279, enacted in 2017, and the requirements of subsection (9)(a)(II) of this section as amended by Senate Bill 18-248, enacted in 2018, apply to Colorado Revised Statutes 2019 Page 294 of 587 Uncertified Printout municipalities, urban renewal authorities, and any urban renewal plans created on or after January 1, 2016, and to any substantial modification of any urban renewal plan where the modification is approved on or after January 1, 2016. (10) The municipality in which an urban renewal authority has been established pursuant to the provisions of this part 1 shall timely notify the assessor of the county in which such authority has been established when: (a) An urban renewal plan or a substantial modification of such plan has been approved that contains the provision referenced in paragraph (a) of subsection (9) of this section or a substantial modification of the plan adds land to the plan, which plan contains the provision referenced in paragraph (a) of subsection (9) of this section; (b) Any outstanding obligation incurred by such authority pursuant to the provisions of subsection (9) of this section has been paid off; and (c) The purposes of such authority have otherwise been achieved. (11) The governing body or the authority may enter into an agreement with any taxing entity within the boundaries of which property taxes collected as a result of the taxing entity's levy, or any portion of the levy, will be subject to allocation pursuant to subsection (9) of this section. The agreement may provide for the allocation of responsibility among the parties to the agreement for payment of the costs of any additional county infrastructure or services necessary to offset the impacts of an urban renewal project and for the sharing of revenues. Except with the consent of the governing body or the authority, any such shared revenues shall be limited to all or any portion of the taxes levied upon taxable property within the urban renewal area by the taxing entity. The agreement may provide for a waiver of any provision of this part 1 that provides for notice to the taxing entity, requires any filing with or by the taxing entity, requires or permits consent from the taxing entity, or provides any enforcement right to the taxing entity. (12) (a) Except as provided in paragraph (e) of this subsection (12), the county may enforce the requirements of subparagraphs (III) and (IV) of paragraph (a) of subsection (3.5) and paragraph (h) of subsection (4) of this section by means of the arbitration process established by this subsection (12) where: (I) Property located within such county is included within an urban renewal plan; (II) The county has provided information requested pursuant to subsection (3.7) of this section; and (III) The county has appeared at a public hearing held pursuant to paragraph (a) of subsection (3) of this section and presented evidence at such hearing that development within the urban renewal area will create a need for additional county infrastructure and services; except that the requirements of this subparagraph (III) shall not apply in the case of a county that did not receive an urban renewal plan, a substantial modification to the plan, or an urban renewal impact report, as applicable, pursuant to paragraph (a) of subsection (3.5) of this section. (b) (I) A county objecting under the provisions of this section to an urban renewal plan approved under subsection (4) of this section that received on a timely basis an urban renewal plan, a substantial modification to the plan, or an urban renewal impact report, as applicable, pursuant to paragraph (a) of subsection (3.5) of this section shall file written notice of the objection with the authority as well as the governing body that has approved the plan within fifteen days of the date of the approval of the plan. A county objecting under the provisions of this section to an urban renewal plan approved under subsection (4) of this section that did not receive on a timely basis an urban renewal plan, a substantial modification to the plan, or an Colorado Revised Statutes 2019 Page 295 of 587 Uncertified Printout urban renewal impact report, as applicable, pursuant to paragraph (a) of subsection (3.5) of this section shall file written notice of the objection with the authority as well as the governing body that has approved the plan within thirty days of the date of the approval of the plan or within five days of the date of the county's receipt of the plan, whichever date is later. The notice of objection shall include a statement of the grounds upon which the county asserts that the authority or the governing body has failed to comply with the requirements of subparagraphs (III) and (IV) of paragraph (a) of subsection (3.5) and paragraph (h) of subsection (4) of this section. The notice of objection shall also include the name of one attorney who has been licensed for a minimum of ten years in the state of Colorado, who is experienced in administrative and land use law, and who the board of county commissioners of the county believes to be qualified to serve as a member of the panel of arbitrators charged with resolving the county's objections in accordance with the requirements of this subsection (12). (II) Within twenty days of receipt of the notice of objection, the governing body shall submit to the county the name of one additional person to serve as a member of the panel of arbitrators, which person shall also satisfy the requirements specified in subparagraph (I) of this paragraph (b). Within twenty days of such submission, the two members of the arbitration panel selected by the county and the governing body shall jointly select an additional person to serve as the third and final member of the panel of arbitrators, which person shall also satisfy the requirements specified in subparagraph (I) of this paragraph (b). The panel of three arbitrators selected pursuant to this paragraph (b) shall be charged with resolving the county's objections in accordance with the requirements of this subsection (12). Notwithstanding the provisions of this paragraph (b), the county, governing body, and authority may agree upon a single arbitrator to resolve the county's objections. (III) If the county, governing body, and authority have not reached a written agreement resolving the county's objections within thirty days after the receipt by the governing body of the notice specified in subparagraph (I) of this paragraph (b), the objections specified in the notice shall be submitted to arbitration in accordance with the requirements of this subsection (12). (c) The arbitration hearing, if any, shall commence within sixty days after the receipt by the governing body of the notice of objection. The parties to the arbitration shall be the county, governing body, and authority. At the arbitration hearing, the governing body or the authority, as applicable, shall have the burden of proving by a preponderance of the evidence that it submitted the urban renewal plan, a substantial modification to the plan, and an urban renewal impact report, as applicable, to the county pursuant to paragraph (a) of subsection (3.5) of this section and that it did not abuse its discretion in preparing the estimate or statement provided to the county pursuant to subparagraphs (III) and (IV) of paragraph (a) of subsection (3.5) of this section and that the governing body did not abuse its discretion in connection with the findings it has made under paragraph (h) of subsection (4) of this section. The decision of the arbitrators shall be based upon the objections contained in the notice filed pursuant to subparagraph (I) of paragraph (b) of this subsection (12) and upon the record of the hearing held pursuant to subsection (3) of this section. In rendering a decision, the arbitrators shall take into consideration the goals and objectives of the urban renewal plan, information that has been submitted by the county as contained in the record of the hearing on the urban renewal plan and the impact report provided to the county pursuant to subsection (3.5) of this section, the reasonableness of the county's objections contained in the notice, the extent to which the urban renewal project will improve existing county infrastructure, the extent to which tax increment revenues, if any, to be Colorado Revised Statutes 2019 Page 296 of 587 Uncertified Printout generated by development within the urban renewal area and collected by the authority pursuant to paragraph (a) of subsection (9) of this section may reasonably be expected to defray the cost of the additional infrastructure and services requested by the county, and the debt service requirements of the authority. The arbitration hearing shall be concluded not later than seven days after its commencement, and the decision of the arbitrators shall be rendered not later than thirty days after the conclusion of the hearing. The order of the arbitrators shall be limited to either approving the urban renewal plan or, upon a finding of abuse of discretion, remanding the plan to the governing body for reconsideration of the county's objections. The order shall be final and binding on the parties and shall not be subject to judicial review except to enforce the order or to determine whether the order was procured by corruption, fraud, or other similar wrongdoing. (d) Fifty percent of the necessary fees and necessary expenses of any arbitration conducted pursuant to this subsection (12), excluding all fees and expenses incurred by either party in the preparation or presentation of its case, shall be borne by the county, and fifty percent of such fees and expenses shall be borne by the governing body or the authority. (e) Notwithstanding any other provision of this section, the provisions of this subsection (12) shall not apply to any urban renewal plan in which less than ten percent of the area identified in such plan: (I) Has been classified as agricultural land for purposes of the levying and collection of property tax pursuant to section 39-1-103, C.R.S., at any time during the three-year period prior to the date of adoption of the plan; and (II) Is currently identified for agricultural uses in a master plan adopted by the municipality pursuant to section 31-23-206 and has been so identified for more than one year prior to the date of adoption of the plan. (f) Notwithstanding any other provision of law, the arbitration process established in this subsection (12) shall be the exclusive remedy available to a county for contesting the sufficiency of compliance by a governing body or an authority with the requirements of this section. (13) Not later than thirty days after the municipality has provided the county assessor the notice required by paragraph (a) of subsection (10) of this section, the county assessor may provide written notice to the municipality if the assessor believes that agricultural land has been improperly included in the urban renewal area in violation of subparagraph (II) or (III) of paragraph (c) of subsection (1) of this section. If the notice is not delivered within the thirty-day period, the inclusion of the land in the urban renewal area as described in the urban renewal plan shall be incontestable in any suit or proceeding notwithstanding the presence of any cause. If the assessor provides notice to the municipality within the thirty-day period, the municipality may file an action in state district court exercising jurisdiction over the county in which the land is located for an order determining whether the inclusion of the land in the urban renewal area is consistent with one of the conditions specified in subparagraph (II) or (III) of paragraph (c) of subsection (1) of this section and shall have an additional thirty days from the date it receives the notice in which to file such action. If the municipality fails to file such an action within the additional thirty-day period, the agricultural land shall not become part of the urban renewal area. Source: L. 75: Entire title R&RE, p. 1167, § 1, effective July 1; (9) added, p. 1276, § 1, effective July 16. L. 81: (9)(a), (9)(c), and (9)(e) amended, p. 1516, § 1, effective July 1. L. 93: Colorado Revised Statutes 2019 Page 297 of 587 Uncertified Printout (9)(f) added, p. 435, § 1, effective April 19; (3.5) added, p. 1255, § 5, effective July 1. L. 99: (1), (3), and (4) amended and (10) added, p. 530, § 3, effective May 3. L. 2004: (3) amended and (4.5) added, p. 1746, § 5, effective June 4. L. 2005: (3.5) and (9)(a)(II) amended and (3.7), (4)(h), (11), and (12) added, pp. 1259, 1263, §§ 1, 2, effective June 3. L. 2007: (1) amended, p. 1004, § 1, effective September 1. L. 2008: (1)(b) amended, p. 1912, § 121, effective August 5; (9)(a)(III) added and (9)(b) amended, p. 1245, §§ 1, 2, effective August 5. L. 2010: (1)(c), IP(3.5)(a), (9)(a)(II), (10)(a), and (11) amended and (1)(d), (3.5)(c), (9)(g), (9)(h), and (13) added, (HB 10-1107), ch. 89, pp. 299, 302, 303, §§ 3, 4, 5, 6, effective June 1; (11) amended, (HB 10-1422), ch. 419, p. 2127, § 193, effective August 11. L. 2013: (9)(a)(I) amended, (HB 131295), ch. 314, p. 1656, § 12, effective July 1, 2014. L. 2015: IP(9)(a) and (9)(a)(II) amended and (9)(i) and (9.5) added, (HB 15-1348), ch. 261, p. 986, § 2, effective August 5. L. 2016: (9.5) amended and (9.7) added, (SB 16-177), ch. 178, p. 611, § 1, effective May 18. L. 2017:(7) and (9.7) amended and (7.5) added, (SB 17-279), ch. 249, p. 1046, § 1, effective May 25; (9.6) added, (HB 17-1016), ch. 20, p. 65, § 1, effective August 9. L. 2018: (9)(a)(II) and (9.7)(b) amended, (SB 18-248), ch. 339, p. 2027, § 1, effective May 30. L. 2019: (9)(a)(I) amended, (HB-1240), ch. 264, p. 2503, § 11, effective June 1; (1)(b) amended, (HB 19-1084), ch. 47, p. 158, § 1, effective September 1. Editor's note: This section is similar to former § 31-25-107 as it existed prior to 1975. Cross references: For the legislative declaration in the 2013 act amending subsection (9)(a)(I), see section 1 of chapter 314, Session Laws of Colorado 2013. 31-25-108. Disaster areas. Notwithstanding any other provisions of this part 1, when the governing body certifies that an area within the municipality is in need of redevelopment or rehabilitation as a result of a flood, fire, hurricane, earthquake, storm, or other catastrophe respecting which the governor has certified the need for disaster assistance under Public Law 875, Eighty-first Congress, or other federal law, such area shall be deemed a blighted area, and the authority situated in such municipality may prepare and submit to such governing body a proposed urban renewal plan and proposed urban renewal project for such area or for any portion thereof, and such governing body may, by resolution, approve such proposed urban renewal plan and urban renewal project with or without modifications without regard to the provisions of this part 1 requiring a general or master plan for the physical development of the municipality as a whole, review by the planning commission, or a public hearing. Source: L. 75: Entire title R&RE, p. 1168, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-108 as it existed prior to 1975. 31-25-109. Issuance of bonds by an authority. (1) An authority has power to issue bonds of the authority from time to time in its discretion to finance its activities or operations under this part 1, including but not limited to the repayment with interest of any advances or loans of funds made to the authority by the federal government or other source for any surveys or plans made or to be made by the authority in exercising its powers under this part 1 and also has power to issue refunding or other bonds of the authority from time to time in its discretion Colorado Revised Statutes 2019 Page 298 of 587 Uncertified Printout for the payment, retirement, renewal, or extension of any bonds previously issued by it under this section and to provide for the replacement of lost, destroyed, or mutilated bonds previously issued under this section. (2) (a) Bonds which are issued under this section may be general obligation bonds of the authority to the payment of which, as to principal and interest and premiums (if any), the full faith, credit, and assets (acquired and to be acquired) of the authority are irrevocably pledged. (b) Such bonds may be special obligations of the authority which, as to principal and interest and premiums (if any), are payable solely from and secured only by a pledge of any income, proceeds, revenues, or funds of the authority derived or to be derived by it from or held or to be held by it in connection with its undertaking of any project of the authority, including, without limitation, funds to be paid to an authority pursuant to section 31-25-107 (9) and including any grants or contributions of funds made or to be made by it with respect to any such project and any funds derived or to be derived by it from or held or to be held by it in connection with its sale, lease, rental, transfer, retention, management, rehabilitation, clearance, development, redevelopment, preparation for development or redevelopment, or its operation or other utilization or disposition of any real or personal property acquired or to be acquired by it or held or to be held by it for any of the purposes of this part 1 and including any loans, grants, or contributions of funds made or to be made to it by the federal government in aid of any project of the authority or in aid of any of its other activities or operations. (c) Such bonds may be special obligations of the authority which, as to principal and interest and premiums (if any), are payable solely from and secured only by a pledge of any loans, grants, or contributions of funds made or to be made to it by the federal government or other source in aid of any project of the authority or in aid of any of its other activities or operations. (d) Such bonds may be contingent special obligations of the authority which, as to principal and interest and premiums (if any), are payable solely from any funds available or becoming available to the authority for its undertaking of the project involved in the particular activities or operations with respect to which such contingent special obligations are issued but so payable only in the event such funds are or become available as provided in this subsection (2). (3) Notwithstanding any other provisions of this section, any bonds which are issued under this section, other than the contingent special obligations covered by paragraph (d) of subsection (2) of this section, may be additionally secured as to the payment of the principal and interest and premiums (if any) by a mortgage of any urban renewal project, or any part thereof, title to which is then or thereafter in the authority or of any other real or personal property or interests therein then owned or thereafter acquired by the authority. (4) Notwithstanding any other provisions of this section, general obligation bonds which are issued under this section may be additionally secured as to payment of the principal and interest and premiums (if any) as provided in either paragraph (b) or (c) of subsection (2) of this section, with or without being also additionally secured as to payment of the principal and interest and premiums (if any) by a mortgage as provided in subsection (3) of this section or a trust agreement as provided in subsection (5) of this section. (5) Notwithstanding any other provision of this section, any bonds which are issued under this section may be additionally secured as to the payment of the principal and interest and premiums (if any) by a trust agreement by and between the authority and a corporate trustee, Colorado Revised Statutes 2019 Page 299 of 587 Uncertified Printout which may be any trust company or bank having the powers of a trust company within or without the state of Colorado. (6) Bonds which are issued under this section shall not constitute an indebtedness of the state of Colorado or of any county, municipality, or public body of said state other than the urban renewal authority issuing such bonds and shall not be subject to the provisions of any other law or of the charter of any municipality relating to the authorization, issuance, or sale of bonds. (7) Bonds which are issued under this section are declared to be issued for an essential public and governmental purpose and, together with interest thereon and income therefrom, shall be exempted from all taxes. (8) Bonds which are issued under this section shall be authorized by a resolution of the authority and may be issued in one or more series and shall bear such date, be payable upon demand or mature at such time, bear interest at such rate, be in such denomination, be in such form, either coupon or registered or otherwise, carry such conversion or registration privileges, have such rank or priority, be executed (in the name of the authority) in such manner, be payable in such medium of payment, be payable at such place, be subject to such callability provisions or terms of redemption (with or without premiums), be secured in such manner, be of such description, contain or be subject to such covenants, provisions, terms, conditions, and agreements (including provisions concerning events of default), and have such other characteristics as may be provided by such resolution or by the trust agreement, indenture, or mortgage, if any, issued pursuant to such resolution. The seal (or a facsimile thereof) of the authority shall be affixed, imprinted, engraved, or otherwise reproduced upon each of its bonds issued under this section. Bonds which are issued under this section shall be executed in the name of the authority by the manual or facsimile signatures of such of its officials as may be designated in the said resolution or trust agreement, indenture, or mortgage; except that at least one signature on each such bond shall be a manual signature. Coupons, if any, attached to such bonds shall bear the facsimile signature of such official of the authority as may be designated as provided in this subsection (8). The said resolution or trust agreement, indenture, or mortgage may provide for the authentication of the pertinent bonds by the trustee. (9) Bonds which are issued under this section may be sold by the authority in such manner and for such price as the authority, in its discretion, may determine, at par, below par, or above par, at private sale or at public sale after notice published prior to such sale in a newspaper having general circulation in the municipality, or in such other medium of publication as the authority may deem appropriate, or may be exchanged by the authority for other bonds issued by it under this section. Bonds which are issued under this section may be sold by it to the federal government at private sale at par, below par, or above par, and, in the event that less than all of the authorized principal amount of such bonds is sold by the authority to the federal government, the balance or any portion of the balance may be sold by the authority at private sale at par, below par, or above par, at an interest cost to the authority of not to exceed the interest cost to it of the portion of the bonds sold by it to the federal government. (10) In case any of the officials of the authority whose signatures or facsimile signatures appear on any of its bonds or coupons which are issued under this section cease to be such officials before the delivery of such bonds, such signatures or facsimile signatures, as the case may be, shall nevertheless be valid and sufficient for all purposes, the same as if such officials had remained in office until such delivery. Colorado Revised Statutes 2019 Page 300 of 587 Uncertified Printout (11) Any provision of any law to the contrary notwithstanding, any bonds which are issued pursuant to this section are fully negotiable. (12) In any suit, action, or proceeding involving the validity or enforceability of any bond which is issued under this section or the security therefor, any such bond reciting in substance that it has been issued by the authority in connection with an urban renewal project or any activity or operation of the authority under this part 1 shall be conclusively deemed to have been issued for such purposes; and such urban renewal project or such operation or activity, as the case may be, shall be conclusively deemed to have been initiated, planned, located, undertaken, accomplished, and carried out in accordance with the provisions of this part 1. (13) Pending the preparation of any definitive bonds under this section, an authority may issue its interim certificates or receipts or its temporary bonds, with or without coupons, exchangeable for such definitive bonds when the latter have been executed and are available for delivery. (14) Persons retained or employed by an authority as advisors or consultants for the purpose of rendering financial advice and assistance may purchase or participate in the purchase or in the distribution of its bonds when such bonds are offered at public or private sale. (15) No commissioner or other officer of an authority issuing bonds under this section and no person executing such bonds is liable personally on such bonds or is subject to any personal liability or accountability by reason of the issuance thereof. Source: L. 75: Entire title R&RE, p. 1169, § 1, effective July 1; (2)(b) amended, p. 1277, § 2, effective July 16. L. 76: (9) and (14) amended, p. 699, § 1, effective April 3. Editor's note: This section is similar to former § 31-25-109 as it existed prior to 1975. 31-25-110. Property of an authority exempt from taxes and from levy and sale by virtue of an execution. (1) All property of an authority, including but not limited to all funds owned or held by it for any of the purposes of this part 1, shall be exempt from levy and sale by virtue of an execution, and no such execution or other judicial process shall issue against the same nor shall a judgment against the authority be a charge or lien upon such property; except that the foregoing provisions of this subsection (1) shall not apply to or limit the right of obligees to foreclose or otherwise enforce any mortgage, deed of trust, trust agreement, indenture, or other encumbrance of the authority or the right of obligees to pursue any remedies for the enforcement of any pledge or lien given by the authority pursuant to this part 1 on its rents, income, proceeds, revenues, loans, grants, contributions, and other funds and assets derived or arising from any project of the authority or from any of its operations or activities under this part 1. (2) All property of an authority acquired or held by it for any of the purposes of this part 1, including but not limited to all funds of an authority acquired or held by it for any of said purposes, are declared to be public property used for essential public and governmental purposes, and such property and the authority shall be exempt from all taxes of the state of Colorado or any other public body thereof; except that such tax exemption shall terminate when the authority sells, leases, or otherwise disposes of the particular property to a purchaser, lessee, or other alienee which is not a public body entitled to tax exemption with respect to such property. Colorado Revised Statutes 2019 Page 301 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1171, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-110 as it existed prior to 1975. 31-25-111. Title of purchaser, lessee, or transferee. Any instrument executed by an authority and purporting to convey any right, title, or interest of the authority in any property under this part 1 shall be conclusively presumed to have been made and executed in compliance with the provisions of this part 1 insofar as title or other interest of any bona fide purchasers, lessees, or transferees of such property is concerned. Source: L. 75: Entire title R&RE, p. 1172, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-111 as it existed prior to 1975. 31-25-112. Cooperation by public bodies with urban renewal authorities. (1) Any public body, within its powers, purposes, and functions and for the purpose of aiding an authority in or in connection with the planning or undertaking pursuant to this part 1 of any plans, projects, programs, works, operations, or activities of such authority whose area of operation is situated in whole or in part within the area in which such public body is authorized to act, upon such terms as such public body shall determine, may: (a) Sell, convey, or lease any of such public body's property or grant easements, licenses, or other rights or privileges therein to such authority; (b) Incur the entire expense of any public improvements made by such public body in exercising the powers mentioned in this section; (c) Do all things necessary to aid or cooperate with such authority in or in connection with the planning or undertaking of any such plans, projects, programs, works, operations, or activities; (d) Enter into agreements with such authority respecting action to be taken pursuant to any of the powers set forth in this part 1, including agreements respecting the planning or undertaking of any such plans, projects, programs, works, operations, or activities which such public body is otherwise empowered to undertake; (e) Cause public buildings and public facilities, including parks, playgrounds, recreational, community, educational, water, garbage disposal, sewer, sewage, sewerage, or drainage facilities, or any other public works, improvements, facilities, or utilities which such public body is otherwise empowered to undertake, to be furnished within the area in which such public body is authorized to act; (f) Furnish, dedicate, accept dedication of, open, close, vacate, install, construct, reconstruct, pave, repave, repair, rehabilitate, improve, grade, regrade, plan, or replan public streets, roads, roadways, parkways, alleys, sidewalks, and other public ways or places within the area in which such public body is authorized to act to the extent that such items or matters are, under any other law, otherwise within the jurisdiction of such public body; (g) Plan or replan and zone or rezone any part of the area under the jurisdiction of such public body or make exceptions from its building regulations; and (h) Cause administrative or other services to be furnished to such authority. Colorado Revised Statutes 2019 Page 302 of 587 Uncertified Printout (2) If at any time title to or possession of the whole or any portion of any project of the authority under this part 1 is held by any governmental agency or public body (other than such authority) which is authorized by any law to engage in the undertaking, carrying out, or administration of any such project (including any agency or instrumentality of the United States), the provisions of the agreements referred to in paragraph (d) of subsection (1) of this section shall inure to the benefit of and may be enforced by such governmental agency or public body. (3) Any public body referred to as such in subsection (1) of this section may (in addition to its authority pursuant to any other law to issue its bonds for any purposes) issue and sell its bonds for any of the purposes of such public body which are stated in this section; except that any such bonds of such a public body which are issuable as provided in this subsection (3) may be issued only in the manner and otherwise in conformity with the applicable provisions and limitations prescribed by the state constitution and the laws of this state and, in the case of a home rule municipality, the applicable provisions of its home rule charter for the authorization and issuance by such public body of its general obligation bonds, revenue bonds, special assessment bonds, or special obligation bonds, accordingly as the bonds are general obligation bonds, revenue bonds, special assessment bonds, or special obligation bonds. (4) Without limiting the generality of any of the provisions of this part 1, but within any limitations provided by the applicable provisions of the state constitution and, in the case of any home rule municipality, the applicable provisions of its home rule charter: (a) Any public body may appropriate such of its funds and make such expenditures of its funds as it deems necessary for it to undertake any of its powers, functions, or activities mentioned in this part 1 including, particularly, its powers, functions, and activities mentioned in subsections (1) to (3) of this section; and (b) Any municipality may levy taxes and assessments in order for it to undertake, carry out, or accomplish any of its powers, functions, or activities mentioned in this part 1, including, particularly, its powers, functions, and activities mentioned in the provisions of subsections (1) to (3) of this section. (5) For the advancement of the public interest and for the purpose of aiding and cooperating in the planning, acquisition, demolition, rehabilitation, construction, or relocation, or otherwise assisting the operation or activities of an urban renewal project located wholly or partly within the area in which it is authorized to act, a public body may enter into agreements which may extend over any period, notwithstanding any provision of law to the contrary, with an authority respecting action taken or to be taken pursuant to any of the powers granted by this part 1. Source: L. 75: Entire title R&RE, p. 1172, § 1, effective July 1; (5) R&RE, p. 1278, § 3, effective July 16. Editor's note: This section is similar to former § 31-25-112 as it existed prior to 1975. 31-25-112.5. Inclusion of unincorporated territory in urban renewal area. (1) Notwithstanding any other provision of this part 1, an urban renewal plan, urban renewal project, or urban renewal area may include unincorporated territory that is outside the boundaries of a municipality but contiguous to a portion of the urban renewal area located within the Colorado Revised Statutes 2019 Page 303 of 587 Uncertified Printout municipality. No such territory shall be included in the plan, project, or area without the consent of the board of county commissioners exercising jurisdiction over the unincorporated territory proposed for inclusion and the consent of each owner of, and each holder of a recorded mortgage or deed of trust encumbering, real property within the unincorporated area proposed for inclusion. (2) In addition to the procedures for approval of a proposed urban renewal plan by the governing body as required by section 31-25-107, the unincorporated territory may be included in the urban renewal plan, project, or area upon satisfaction of each of the following additional requirements: (a) The board of county commissioners makes a determination that the urban renewal area proposed for inclusion in the plan is a slum or blighted area in accordance with the procedures set forth in section 31-25-107 (1). (b) The board of county commissioners refers the urban renewal plan to the planning commission of the county for a determination as to the conformity of the urban renewal plan with the general plan for development for the county in accordance with the procedures specified in section 31-25-107 (2). (c) The board of county commissioners conducts a public hearing and makes findings and a determination to approve inclusion of the unincorporated territory in the urban renewal plan, project, or area in accordance with the procedures set forth in section 31-25-107 (3), (4), (5), and (6). (d) The board of county commissioners makes an additional finding, prior to approving the inclusion, that each owner of, and each holder of a recorded mortgage or deed of trust encumbering, real property in the unincorporated territory proposed for inclusion in the urban renewal plan, project, or area consents to the inclusion. (e) The board of county commissioners determines whether the unincorporated territory shall be included in any provision for the division of taxes in the urban renewal area as authorized by section 31-25-107 (9), and, if so determined, the board notifies the county assessor of such inclusion as required by section 31-25-107 (10). (3) Notwithstanding any other provision of this part 1, the requirements of section 3125-107 (3.5) shall not apply to any urban renewal plan proposed and approved pursuant to this section. (4) Any urban renewal plan approved in accordance with this section may be modified as provided in section 31-25-107 (3)(a); except that a modification shall be approved by the board of county commissioners, the governing body, and the authority. (5) An authority, a municipality, and a county may, consistent with the requirements of this section, enter into an intergovernmental agreement to further effectuate the purposes of this section and to provide for the inclusion of unincorporated territory in an urban renewal area. Source: L. 2008: Entire section added, p. 278, § 1, effective April 1. 31-25-113. Authorities to have no power of taxation. No authority created by this part 1 has any power to levy or assess any ad valorem taxes, personal property taxes, or any other forms of taxes, including special assessments against any property. Source: L. 75: Entire title R&RE, p. 1174, § 1, effective July 1. Colorado Revised Statutes 2019 Page 304 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-25-113 as it existed prior to 1975. 31-25-114. Cumulative clause. The powers conferred by this part 1 shall be in addition and supplemental to the powers conferred by any other law. Source: L. 75: Entire title R&RE, p. 1174, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-114 as it existed prior to 1975. 31-25-115. Transfer - abolishment. (1) Notwithstanding any other provision of this part 1, the governing body of a municipality may designate itself as the authority when originally establishing said authority. A transfer of an existing authority to the governing body may be accomplished only by majority vote at a regular election. (1.5) When the governing body of a municipality designates itself as the authority or transfers an existing authority to the governing body pursuant to subsection (1) of this section, one such commissioner on the authority must be appointed by the board of county commissioners of the county in which the territorial boundaries of the urban renewal authority area are located, one such commissioner must also be a board member of a special district selected by agreement of the special districts levying a mill levy within the boundaries of the urban renewal authority area, and one commissioner must also be an elected member of a board of education of a school district levying a mill levy within the boundaries of the urban renewal authority area. Appointments made pursuant to this subsection (1.5) must be made in accordance with the procedures specified in section 31-25-104 (2). (2) The governing body of a municipality may by ordinance provide for the abolishment of an urban renewal authority, provided adequate arrangements have been made for payment of any outstanding indebtedness and other obligations of the authority. Any such abolishment shall be effective upon a date set forth in the ordinance, which date shall not be less than six months from the effective date of the ordinance. Source: L. 77: Entire section added, p. 1468, § 1, effective May 26. L. 2007: (1) amended, p. 1984, § 41, effective August 3. L. 2015: (1.5) added, (HB 15-1348), ch. 261, p. 989, § 3, effective August 5. 31-25-116. Regional tourism projects. (1) An urban renewal authority that is designated as a financing entity pursuant to part 3 of article 46 of title 24, C.R.S., shall have all of the powers necessary or convenient to carry out and effectuate the purposes and provisions of part 3 of article 46 of title 24, C.R.S., including but not limited to the powers to receive state sales tax increment revenue generated within an approved regional tourism zone, as defined in section 24-46-303 (11), C.R.S., and disburse and otherwise utilize such revenue for all lawful purposes, including but not limited to financing of eligible costs and the design, construction, maintenance, and operation of eligible improvements, as such terms are defined in section 2446-303, C.R.S., or otherwise incorporated into the commission's conditions of approval. (2) Notwithstanding the provision of section 31-25-107 (7), authorization to receive state sales tax increment revenue pursuant to part 3 of article 46 of title 24, C.R.S., shall not be considered a material modification to the plan and corresponding changes to the plan may be Colorado Revised Statutes 2019 Page 305 of 587 Uncertified Printout made by the governing body of the authority to incorporate the use of state sales tax increment revenue without the requirement of submission to or approval by the governing body of a municipality that has established the authority pursuant to section 31-25-104 (1). (3) Any urban renewal authority that receives state sales tax increment revenue, whether pursuant to designation as a financing entity pursuant to part 3 of article 46 of title 24, C.R.S., or pursuant to a contract entered into with any such financing entity, shall not use the state sales tax increment revenue to acquire property through the exercise of eminent domain. (4) Nothing in this section shall be interpreted to eliminate the requirements for the authorization of a new urban renewal authority under this part 1. Source: L. 2009: Entire section added, (SB 09-173), ch. 434, p. 2418, § 3, effective June 4. PART 2 PARKS - CITIES Cross references: For recreational facilities districts, see article 7 of title 29. 31-25-201. Cities may establish parks - recreational facilities - conservation easements. (1) Any city has authority, in the manner provided in this part 2, to establish, maintain, and acquire by gift, devise, purchase, or right of eminent domain such lands or interest in land, within or without the municipal limits of such city, as in the judgment of the governing body of such city may be necessary, suitable, or proper for boulevards, parkways, avenues, driveways, and roadways or for park or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest. The power of eminent domain granted by this section, with respect to the acquisition of lands for parks or recreational purposes for the preservation or conservation of sites, scenes, open space, and vistas of scientific, historic, aesthetic, or other public interest may not be used by any city or city and county to condemn property lying five miles or further from its corporate limits, unless: (a) The exercise of its power of eminent domain to condemn property outside its corporate limits is required as a condition of a state or federal permit for construction of a new public facility; or (b) The use of the power of eminent domain to condemn property is necessary for the acquisition of conservation sites on or contiguous to reservoir sites owned by any city or city and county; or (c) The use of the power of eminent domain to condemn property is predicated on the prior written approval of the board of county commissioners of the county or counties in which such property is located, in instances not covered by paragraph (a) or (b) of this subsection (1) when the city or city and county has notified such board or boards. The board has sixty days from such notification to deliver its approval or disapproval. If the board fails to take any action or fails to so notify the city or city and county, the city or city and county may proceed with the exercise of its power; or Colorado Revised Statutes 2019 Page 306 of 587 Uncertified Printout (d) The land to be condemned is subject to a single comprehensive plan which includes provision of recreational facilities within the county and which has been adopted by both the county and the city seeking to condemn. (2) "Interests in land", as used in this part 2, means all rights and interests in land less than the full fee interest, including but not limited to future interests, easements, covenants, and contractual rights. Every such interest in land held pursuant to subsection (1) of this section, when recorded, shall run with the land to which it pertains for the benefit of the city holding such interest and may be protected and enforced by such city in any court of general jurisdiction by any proceeding at law or in equity. (3) Any city may unite with any other similarly authorized political subdivision of this state in acquiring, establishing, and maintaining any property which a city is authorized to acquire, establish, or maintain pursuant to subsection (1) of this section. Source: L. 75: Entire title R&RE, p. 1174, § 1, effective July 1. L. 83: (1) amended, p. 1264, § 2, effective July 1. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. Cross references: For the legislative declaration contained in the 1983 act amending subsection (1), see section 1 of chapter 367, Session Laws of Colorado 1983. 31-25-202. Acquisition by purchase. No land or interest in land shall be purchased for the purposes set forth in section 31-25-201 (1) until the governing body adopts an ordinance authorizing such purchase which states the location and legal description of the lands to be purchased, the price to be paid, and the manner of payment or unless the proposed purchase of such lands is submitted upon petition pursuant to section 31-25-203 and approved by the registered electors of such city. Source: L. 75: Entire title R&RE, p. 1174, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-25-202 and 31-25-213 as they existed prior to 1975. 31-25-203. Acquisition by purchase - petition of electors - bonds - park bonds. (1) No indebtedness shall be created nor shall any bonds be issued for acquiring such lands or interests in land unless the question of incurring such debt and issuing such bonds has been submitted at a regular election to a vote of those persons qualified to vote on authorization of other bonded indebtedness and approved as required by section 31-15-302 (1)(d). (2) The governing body, upon petition of the registered electors of such city equal in number to at least one-tenth of the number of such registered electors voting at the last regular election of such city, shall submit at the next regular election either or both of the questions of acquisition or of incurring bonded indebtedness by separate ordinance. In the ordinance submitting the question of the acquisition of such lands or interests in land, the governing body Colorado Revised Statutes 2019 Page 307 of 587 Uncertified Printout shall state the location of the land or interests in land proposed to be acquired, describing the same by legal subdivisions, wherever practicable, and the consideration to be given for purchase and the manner of payment, and, in the ordinance submitting the question of incurring indebtedness, the governing body shall state the maximum net effective interest rate at which the bonds may be issued. If the only question to be submitted is the acquisition of such properties, the question may be submitted at a regular or special election. If the acquisition or incurring of indebtedness or both have been approved as required by section 31-15-302 (1)(d), the governing body shall acquire such lands or interests in land, incur said indebtedness, or both, pursuant to said authorization. (3) The parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads established in any such city, or such part thereof as may be determined by the mayor and park commission, may be paid for in park bonds of the city of date and form prescribed by the park commission, bearing the name of the city, and payable to bearer at such times and in a sufficient period of years to cover the period of payments provided for, with interest annually at a rate such that the net effective interest rate of the issue of bonds does not exceed the maximum net effective interest rate authorized, as may be determined by the commission. The bonds shall be signed by the mayor, countersigned by the auditor, treasurer, or finance director, and attested by the clerk and have the seal of the city with the approval of the president of the park commission, if such commission exists, endorsed thereon. The interest shall be evidenced by suitable coupons attested by a facsimile of the signature of the city clerk. (4) For the purposes of this part 2, unless the context otherwise requires, "net effective interest rate" of a proposed issue of bonds means the net interest cost of said issue divided by the sum of the products derived by multiplying the principal amount of such issue maturing on each maturity date by the number of years from the date of said proposed bonds to their respective maturities. "Net interest cost" of a proposed issue of bonds means the total amount of interest to accrue on said bonds from their date of issuance to their respective maturities plus the amount of any discount below par or less the amount of any premium above par at which said bonds are being or have been sold. In all cases the net effective interest rate and net interest cost shall be computed without regard to any option of redemption prior to the designated maturity dates of the bonds. Source: L. 75: Entire title R&RE, p. 1175, § 1, effective July 1. Editor's note: The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index. 31-25-204. Acquisition by condemnation. (1) For the purpose of acquiring lands for parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads, the park commission is authorized, with the approval of the mayor, to select and, by a suitable proceeding in the name of the city, without the passage of any ordinance, condemn real estate or, with the approval of the mayor, to purchase any real estate so selected for one or more parks, pleasure grounds, boulevards, parkways, avenues, driveways, or roads and to select routes and streets for the purpose of establishing and maintaining a system of connecting boulevards and pleasure ways or parkways therein. All such condemnation proceedings shall be in accordance with the Colorado Revised Statutes 2019 Page 308 of 587 Uncertified Printout general laws of the state insofar as the same are applicable, but the benefit to other lands shall be ascertained and assessed. (2) Payment for any acquisition provided in subsection (1) of this section may be paid for by special assessments upon all the other real estate, except parks, pleasure grounds, avenues, boulevards, streets, and roads in such city or partly out of the proceeds of the sale of the general bonds of the city, in accordance with the powers conferred by this part 2, and partly by such assessments, as the same may be determined by the mayor and park commission. Source: L. 75: Entire title R&RE, p. 1176, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-25-216 and 31-25-217 as they existed prior to 1975. 31-25-205. Bequests for park purposes. Real or personal property may be granted, bequeathed, devised, or conveyed to the city for the purpose of the improvement or ornamentation of any park, pleasure ground, boulevard, parkway, avenue, driveway, or road or for the establishment or maintenance in parks or pleasure grounds of museums, zoological or other gardens, collections of natural history, observatories, libraries, monuments, or works of art upon such trusts or conditions as may be approved by the commission. All such property or the rents, issues, and profits thereof shall be subject to the exclusive management and control of the commission. Lands or interests in land given or devised to such city for the purposes mentioned in this section shall be accepted or refused by ordinance passed by the governing body. Source: L. 75: Entire title R&RE, p. 1176, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-25-202 and 31-25-212 as they existed prior to 1975. 31-25-206. Park commissioners - vacancies. (1) The care, custody, management, and control of the city parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads may be vested exclusively in a park commission which shall be composed of six members who shall be registered electors in said city and well-known for their ability, probity, and public spirit, one of whom shall be president of the commission. The mayor of the city shall appoint, with the consent of the governing body, for and on behalf of such city, such park commissioners who shall hold office one-half for one year and one-half for two years from the July 1 following their appointment. At their first regular meeting they shall cast lots for the respective terms. Annually thereafter and before July 1 of each year, the mayor, with the consent of the governing body, shall appoint three commissioners for the ensuing two years to take the place of the retiring commissioners. All vacancies in such park commission arising from any cause shall be filled by the mayor with the consent of the governing body. (2) The governing body may, by ordinance, provide for abolishment of the park commission and consolidation of the functions and activities specified in this part 2 under the general control and administration of the city as provided by ordinance. The powers conferred upon the park commission as specified in this part 2 may be exercised by the city in the manner provided by ordinance. Any provision of this part 2 to the contrary notwithstanding, the Colorado Revised Statutes 2019 Page 309 of 587 Uncertified Printout governing body of a city may appoint one or more advisory commissions or boards with respect to parks, recreation, and other municipal functions. Source: L. 75: Entire title R&RE, p. 1176, § 1, effective July 1. L. 87: (1) amended, p. 332, § 97, effective July 1. Editor's note: This section is similar to former § 31-25-203 as it existed prior to 1975. 31-25-207. Members serve without compensation - no interest in contracts. The commissioners shall serve without compensation except for their actual expenses which shall be approved by the mayor. No member of the commission shall have any interest, directly or indirectly, in any contract relating to the establishment or maintenance of any of the properties mentioned in section 31-25-201 or in any contract providing for the expenditure of any money in relation thereto. Any commissioner shall vacate his office upon the acceptance of any other public office. Source: L. 75: Entire title R&RE, p. 1177, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-204 as it existed prior to 1975. 31-25-208. Meetings - quorum. The commission shall hold a regular meeting on the first Tuesday of each month and may by rule provide for special meetings and service of notice thereof. A majority of the members shall constitute a quorum. No action of the commission shall be binding unless authorized by a majority of the members at a regular or duly called special meeting. Source: L. 75: Entire title R&RE, p. 1177, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-208 as it existed prior to 1975. 31-25-209. Secretary - salary - duties. The commission may employ a secretary at a salary not exceeding twelve hundred dollars per annum, to be fixed by the commission, payable out of the park fund. The secretary shall keep a record of all proceedings of the commission, have custody of and preserve all its records, and perform such other duties as may be prescribed by the commission. Source: L. 75: Entire title R&RE, p. 1177, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-205 as it existed prior to 1975. 31-25-210. Office of commission - supplies. The city shall provide the commission with convenient offices, stationery, and the facilities necessary for the performance of its duties as the commission deems necessary and advisable. Source: L. 75: Entire title R&RE, p. 1177, § 1, effective July 1. Colorado Revised Statutes 2019 Page 310 of 587 Uncertified Printout Editor's note: This section is similar to former § 31-25-206 as it existed prior to 1975. 31-25-211. Superintendent of parks - assistants - salaries. The commission may appoint a superintendent of parks who shall be a practical landscape gardener who, under the direction of the commission, shall have active charge, control, and direction of all the parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads which are under the control of the commission and who shall perform such other duties as may be prescribed by the commission, with such other assistants and at such salaries payable out of the park fund as may be authorized by the commission, with the approval of the mayor. Source: L. 75: Entire title R&RE, p. 1177, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-207 as it existed prior to 1975. 31-25-212. Expenditures for park purposes. The commission, with the approval of the mayor, shall have full, complete, and exclusive power and authority to expend, for and on behalf of the city, all sums of money that may be raised by general taxation for park purposes, all other sums of money appropriated by the governing body from the general revenues for the same purposes, and all moneys that may be realized by the commission from the sale of privileges in or near the parks of the city or realized from the sale of the general bonds of the city and set apart for park purposes or from the sale of the park bonds provided for in section 31-25-203 (2). Source: L. 75: Entire title R&RE, p. 1177, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-209 as it existed prior to 1975. 31-25-213. Fiscal year - annual report. The fiscal year of the park commission shall end on December 31 of each year. During the month of January of each year the commission shall make an annual report to the mayor and the governing body of all moneys received and expended in the purchase, improvement, and maintenance of parks. The report shall show when, where, how, and in what manner the same were received and expended and what improvements have been made during the year preceding the report. Source: L. 75: Entire title R&RE, p. 1177, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-210 as it existed prior to 1975. 31-25-214. Park fund - certified vouchers. The park fund shall consist of moneys levied, collected, and appropriated therefor and coming into the fund by donation or otherwise. All moneys collected and credited to the park fund shall be used for the maintenance and improvement of parks, parkways, boulevards, avenues, driveways, and roads and shall be expended by the commission as in its judgment the needs of such property require. The same shall be drawn upon the proper officers of such city upon vouchers properly authenticated by the president and secretary of the park commission. Colorado Revised Statutes 2019 Page 311 of 587 Uncertified Printout Source: L. 75: Entire title R&RE, p. 1178, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-214 as it existed prior to 1975. 31-25-215. Maximum tax levy - moneys credited. (1) As a part of the annual levies authorized by law, the governing body shall annually levy, assess, and collect upon each dollar of taxable property within the city not more than one and one-half mills for the purposes of said park fund, the proceeds of which shall be collected in the same manner as other city taxes and shall be appropriated by the governing body for the park fund. (2) All moneys collected, received, levied, or appropriated by the governing body for park purposes shall be deposited in the treasury of such city to the credit of the park fund and shall be kept separate and apart from other moneys of such city. Any portion thereof remaining unexpended at the end of any fiscal year or at any other time shall not in any event be converted into the general fund nor be subject to appropriation for general purposes. Source: L. 75: Entire title R&RE, p. 1178, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-215 as it existed prior to 1975. 31-25-216. Cities control park grounds outside limits. (1) In all cases where any city, or any city or city and county organized under a special charter or created under the state constitution, has acquired lands outside its municipal limits for parks, parkways, boulevards, or roads, said city or city and county has full police power and jurisdiction and full municipal control and full power and authority in the management, control, improvement, and maintenance of and over any such lands so acquired. It has power and authority to provide by ordinance for the regulation and control of its lands so acquired, to prevent the commission of any acts which are or may be declared unlawful pursuant to the provisions of this part 2, and to prosecute and punish the violation of any ordinances in its municipal courts. Such city or city and county also has like power and jurisdiction to prevent pollution of the water in all reservoirs, streams, and pipes which may be included within any such parks, parkways, boulevards, or roads and over the stream or source from which such water is taken as far as ten miles above the point from which it is diverted. Such city or city and county has like power and jurisdiction to regulate and prevent the erection, construction, and maintenance, within three hundred feet of any such park, parkway, boulevard, or road outside its municipal limits, of any advertisement or of any billboard or other structure for advertisements. Such city or city and county also has like power and jurisdiction over the use of any public roads, boulevards, or parkways within such parks and running over or through or between such lands and any public roads, boulevards, or parkways between any such park or pleasure ground and its municipal boundaries and not included within the municipal limits of any incorporated city or town. (2) In all cases where the right to take private property for public use without the owner's consent or to acquire lands for parks, parkways, boulevards, or roads outside the municipal limits of any such city or city and county is conferred by general laws or by the charter of any such city or city and county, it is lawful for any such city or city and county, or the department or branch thereof having authority in the premises, to take, by right of eminent domain, the property so sought to be taken and appropriated, such condemnation proceedings to be in accordance with Colorado Revised Statutes 2019 Page 312 of 587 Uncertified Printout the general laws of the state, insofar as the same are applicable, relating to any such city or city and county. The power and authority to so acquire lands for such purposes outside the municipal limits of any such city or city and county by gift, devise, purchase, or right of eminent domain is granted by this section, subject to the limitation imposed by section 31-25-201 (1). Source: L. 75: Entire title R&RE, p. 1178, § 1, effective July 1. L. 83: (2) amended, p. 1265, § 3, effective July 1. Editor's note: This section is similar to former § 31-25-219 as it existed prior to 1975. Cross references: For the legislative declaration contained in the 1983 act amending subsection (2), see section 1 of chapter 367, Session Laws of Colorado 1983. 31-25-217. Management - licenses - franchises. (1) The commission shall have exclusive management and control of all parks, pleasure grounds, boulevards, parkways, avenues, driveways, and roads, as mentioned in section 31-25-201, and exclusive power to lay out, regulate, and improve the same, to prohibit certain or heavy traffic therein and thereon, and to grant or refuse licenses to sell goods on the streets or sidewalks within three hundred feet of any park entrance and on the streets and sidewalks adjoining parks. The commission shall establish and maintain necessary rules and regulations for the proper supervision and government thereof and shall have such additional powers as may be prescribed by ordinance. The governing body shall provide, by ordinance, for the enforcement of the rules and orders of the commission. (2) No franchise, license, or permit for the construction or maintenance of any railway shall ever be granted within the limits of any park or pleasure ground or lengthwise upon any boulevard, parkway, avenue, driveway, or road, nor shall any franchise for the maintenance of any other special privilege within any park or pleasure ground be granted. Source: L. 75: Entire title R&RE, p. 1179, § 1, effective July 1. Editor's note: This section is similar to former § 31-25-211 as it existed prior to 1975. 31-25-218. Conservation trust fund authorized. Each city in this state, including home rule and special territorial charter cities, may create a conservation trust fund as provided in section 29-21-101, C.R.S. Source: L. 75: Entire title R&RE, p. 1179, § 1, effective July 1. Editor's note: This section is similar to former § 139-88-20 as it existed prior to 1975. (See L. 74, p. 434, § 5.) This section was renumbered on revision as § 31-25-220, but was never printed as such in C.R.S. 1973. PART 3 PARKS - TOWNS Colorado Revised Statutes 2019 Page 313 of 587 Uncertified Printout Cross references: For recreational facilities districts, see article 7 of title 29. 31-25-301. Town may establish parks - recreation facilities - conservation easements. (1) Each town shall have authority to acquire, establish, and maintain, in the manner provided in section 31-25-302, public parks, pleasure grounds, boulevards, parkways, avenues, roads, and land or interests in land which may be necessary, suitable, or proper for the preservation or conservation of sites, scenes, open space, and vistas of recreational, scientific, historic, aesthetic, or other public interest. (2) "Interest in land", as used in this part 3, means all rights and interests in land less than the full fee interest, including but not limited to future interests, easements, covenants, and contractual rights. Every such interest in land held pursuant to subsection (1) of this section, when recorded, shall run with the land to which it pertains for the benefit of the town holding such interest and may be protected and enforced by such town in any court of general jurisdiction by any proceeding at law or in equity. (3) Any town may unite with any other similarly authorized political subdivision of this state in acquiring, establishing, and maintaining any property which a town is authorized to acquire, establish, or maintain pursuant to this section. Source: L. 75: Entire title R&RE, p. 1179, § 1, effective July 1. Editor's note: This section is similar to former §§ 31-25-301 and 31-25-304 as they existed prior to 1975. 31-25-302. Questions submitted to r