2021 Colorado Code
Title 31 - Government - Municipal
Article 15 - Exercise of Municipal Powers
Part 1 - Vesting of Corporate Powers
§ 31-15-101. Municipalities Bodies Politic - Powers

1. Municipalities:
   1. Shall be bodies politic and corporate, under such name as they are organized;
   2. May sue or be sued;
   3. May enter into contracts;
   4. May acquire, hold, lease, and dispose of property, both real and personal;
   5. May have a common seal which they may alter at their pleasure; and
   6. 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.

History. 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.

This section is similar to former §§ 31-12-201 and 31-12-202 as they existed prior to 1975.

For the legislative declaration contained in the 2003 act enacting subsection (3), see section 1 of chapter 145, Session Laws of Colorado 2003.

Annotator's note. Since § 31-15-101 is similar to former §§ 31-12-201 and 31-12-202 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.

Express powers only. A municipal corporation can exercise only such powers as are granted to it by its charter or by the general law of the state, either in express words or by necessary or reasonable implication, or such as are incidental to the powers expressly granted, or such as are essential to the objects and purposes of the corporation. City of Durango v. Reinsberg, 16 Colo. 327 , 26 P. 820 (1891); Hayward v. Bd. of Trustees, 20 Colo. 33 , 36 P. 795 (1894).

May not deal in real estate. Under this section an incorporated town or city may acquire and hold such real and personal property as may be necessary to enable it to carry on its corporate business and exercise its proper municipal functions; but it cannot lawfully engage in the business of buying, selling, or dealing generally in real estate, either as principal or broker. Hayward v. Bd. of Trustees, 20 Colo. 33 , 36 P. 795 (1894).

Primary function of municipal corporation is to provide government within its territorial limits. Bailey v. People, 200 Colo. 549 , 617 P.2d 549 (1980).

City employees do not have a vested contractual right in the continuance of a particular rate or method of compensation. A city council, in the exercise of its legislative power, cannot enter into a contract which will bind succeeding city councils and thereby deprive them of the unrestricted exercise of their legislative power. Colo. Springs Fire Fighters v. Colo. Springs, 784 P.2d 766 (Colo. 1989).

Plaintiffs' assertion that they detrimentally relied upon the continuation of certain employee benefits was without merit since persons dealing with the city were on constructive notice of the scope of authority possessed by the municipal officials with whom they are dealing, and such constructive notice includes the knowledge that the city council acted pursuant to the authority granted it by the city charter and subject to the limitations provided therein which prohibited the imposition of future liability upon the city, unless prior appropriation was made. Colo. Springs Fire Fighters v. Colo. Springs, 784 P.2d 766 (Colo. 1989).

Because municipalities, not their various subsidiary departments, exist as bodies corporate empowered to sue and be sued, naming a municipal department as a defendant is not an appropriate means of pleading a § 1983 action against a municipality. Stump v. Gates, 777 F. Supp. 808 (D. Colo. 1991 ).

Cities have such implied and incidental powers, authority, and privileges as may be reasonably necessary, proper, convenient, or useful to carry out the powers and authority granted to them. Authority of city to enter into intergovernmental agreement with county to operate a mass transit system outside of control of public utilities commission upheld. Durango Transp., Inc. v. City of Durango, 824 P.2d 48 (Colo. App. 1991).

The power to appropriate moneys for marketing is not implied by or incidental to the power to appropriate moneys for advertising under § 31-15-901 (1)(b) . Estes Park Chamber of Commerce v. Town of Estes Park, 199 P.3d 11 (Colo. App. 2007).