2021 Colorado Code
Title 31 - Government - Municipal
Article 4 - Organizational Structure and Officers
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.

History. Source: L. 75: Entire title R&RE, p. 1023, § 1, effective July 1. L. 81: (1) amended, p. 1493, § 2, effective May 28.

This section is similar to former §§ 31-5-101 and 31-5-106 as they existed prior to 1975.

Annotator's note. Since § 31-4-101 is similar to former § 31-5-106 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.

Special meeting presumed legal and regularly called. Under this section when the record of a special meeting kept by the clerk shows that the meeting was called for the purpose of transacting the very business which was transacted, and that every member of the council was present and participated in the proceedings, the presumption is, in the absence of evidence to the contrary, that the meeting was a legal meeting duly and regularly called. City of Greeley v. Hamman, 17 Colo. 30 , 28 P. 460 (1891).

It is not required, under this section, that notice to the members or the record of service shall be preserved in any particular manner. Hence, when the record shows that a special meeting was called and held, it is to be presumed that the call was regular and that the service of notice was duly made as required by the statute, at least, until the contrary is proved. City of Greeley v. Hamman, 17 Colo. 30 , 28 P. 460 (1891).

Applied in Pikes Peak Power Co. v. City of Colo. Springs, 105 F. 1 (8th Cir. 1900).