2021 Colorado Code
Title 31 - Government - Municipal
Article 1 - General Provisions and Classification
Part 2 - Classification of Municipalities
§ 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.

History. Source: L. 75: Entire title R&RE, p. 1006, § 1, effective July 1.

This section is similar to former §§ 31-1-101 and 31-1-102 as they existed prior to 1975.

Law reviews. For note, “The Effect of Land Use Legislation on the Common Law of Nuisance in Urban Areas”, see 36 Dicta 414 (1959).

Annotator's note. Since § 31-1-202 is similar to former §§ 31-1-101 and 31-1-102 prior to the 1975 repeal and reenactment of this title, and laws antecedent thereto, relevant cases construing those provisions have been included in the annotations to this section.

The object of the saving clause inserted in this section is to preserve the existence of cities and towns which had been incorporated under general laws enacted prior to, and repealed by, the act of 1877; had the saving clause not been added, such cities and towns might have gone out of existence, as legal entities. City of Central v. Axton, 159 Colo. 69 , 410 P.2d 173 (1966).

A saving clause “should be strictly construed so as not to include anything not fairly within its terms”. City of Central v. Axton, 159 Colo. 69 , 410 P.2d 173 (1966).

However, this section does not freeze in perpetuity the powers and duties of that city as such existed in 1876. City of Central v. Axton, 159 Colo. 69 , 410 P.2d 173 (1966).

General laws applicable to municipalities repealed. In addition to spelling out the manner in which a city or town could be organized and incorporated, the general assembly in 1877 repealed all general laws providing for the organization and government of incorporated cities and towns. City of Central v. Axton, 159 Colo. 69 , 410 P.2d 173 (1966).

But the existence of cities and towns incorporated before 1877 which chose to retain their then existing organizations should not be affected by this title and further, the powers and duties of such a town or city are not to be changed or abridged in any manner by any provision of this act. In other words, the injunction is that the powers and duties of a town or city which chose to retain its existence under its territorial charter are not to be altered by any provision of this act. City of Central v. Axton, 159 Colo. 69 , 410 P.2d 173 (1966).

But not exempt from classification of municipalities. This section, while permitting towns which were incorporated prior to 1877 to retain their organization, and to proceed under the law under which they were incorporated in the enforcement of the powers or the exercise of the duties conferred by such general law, does not have the effect of exempting such towns from the operation of statutes relating to the classification of municipal corporations. Kirkpatrick v. People, 66 Colo. 100 , 179 P. 338 (1919).

There is nothing in this section which shows an intent on the part of the general assembly to exempt such cities and towns from the operation of any statute relating to the classification of municipal corporations. City of Central v. Axton, 159 Colo. 69 , 410 P.2d 173 (1966).

All cities and towns incorporated under general laws were subject to that part of the act of 1877 which relates to the election of municipal officers, notwithstanding this section. City of Central v. Axton, 159 Colo. 69 , 410 P.2d 173 (1966).

General statute on removal of local officer inapplicable. Even if there were no ordinance dealing with the appointment or removal of a town clerk in a special charter town which never elected to become subject to the general laws governing municipal corporations, the general statute on the local matter of removal of municipal officers does not apply. Glenn v. Town of Georgetown, 36 Colo. App. 431, 543 P.2d 726 (1975).

Denver not limited by title. In the area of local legislative jurisdiction, Denver is not limited by the statutes pertaining to powers of towns and cities, § 31-1-101 et seq. Lehman v. City & County of Denver, 144 Colo. 109 , 355 P.2d 309 (1960).

Applied in Bernheimer v. City of Leadville, 14 Colo. 518 , 24 P. 332 (1890).