Article XX, Colorado Constitution

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Colorado Constitution
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Preamble
Articles
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Article XX of the Colorado Constitution is entitled Home Rule Citites and Towns.

Section 1

Text of Section 1:

Incorporated

The municipal corporation known as the city of Denver and all municipal corporations and that part of the quasi-municipal corporation known as the county of Arapahoe, in the state of Colorado, included within the exterior boundaries of the said city of Denver as the same shall be bounded when this amendment takes effect, are hereby consolidated and are hereby declared to be a single body politic and corporate, by the name of the "City and County of Denver." By that name said corporation shall have perpetual succession, and shall own, possess, and hold all property, real and personal, theretofore owned, possessed, or held by the said city of Denver and by such included municipal corporations, and also all property, real and personal, theretofore owned, possessed, or held by the said county of Arapahoe, and shall assume, manage, and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities, and shall acquire all benefits and shall assume and pay all bonds, obligations, and indebtedness of said city of Denver and of said included municipal corporations and of the county of Arapahoe; by that name may sue and defend, plead and be impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold, and enjoy or sell and dispose of, real and personal property; may receive bequests, gifts, and donations of all kinds of property, in fee simple, or in trust for public, charitable, or other purposes; and do all things and acts necessary to carry out the purposes of such gifts, bequests, and donations, with power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, or trust; shall have the power, within or without its territorial limits, to construct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct, and operate water works, light plants, power plants, transportation systems, heating plants, and any other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefore, for the use of said city and county and the inhabitants thereof, and any such systems, plants, or works or ways, or any contracts in relation or connection with either, that may exist and which said city and county may desire to purchase, in whole or in part, the same or any part thereof may be purchased by said city and county which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the power to issue bonds upon the vote of the taxpaying electors, at any special or general election, in any amount necessary to carry out any of said powers or purposes, as may by the charter be provided.

The provisions of section 3 of article XIV of this constitution and the general annexation and consolidation statutes of the state relating to counties shall apply to the city and county of Denver. Any contiguous town, city, or territory hereafter annexed to or consolidated with the city and county of Denver, under any such laws of this state, in whatsoever county the same may be at the time, shall be detached per se from such other county and become a municipal and territorial part of the city and county of Denver, together with all property thereunto belonging.

The city and county of Denver shall alone always constitute one judicial district of the state.

Any other provisions of this constitution to the contrary notwithstanding:

No annexation or consolidation proceeding shall be initiated after the effective date of this amendment pursuant to the general annexation and consolidation statutes of the state of Colorado to annex lands to or consolidate lands with the city and county of Denver until such proposed annexation or consolidation is first approved by a majority vote of a six-member boundary control commission composed of one commissioner from each of the boards of county commissioners of Adams, Arapahoe, and Jefferson counties, respectively, and three elected officials of the city and county of Denver to be chosen by the mayor. The commissioners from each of the said counties shall be appointed by resolution of their respective boards.

No land located in any county other than Adams, Arapahoe, or Jefferson counties shall be annexed to or consolidated with the city and county of Denver unless such annexation or consolidation is approved by the unanimous vote of all the members of the board of county commissioners of the county in which such land is located.

(Paragraph deleted by amendment, L. 2002, p. 3097, effective upon proclamation of the Governor, L. 2003, p. 3611, December 20, 2002.)

(Paragraph deleted by amendment, L. 2002, p. 3097, effective upon proclamation of the Governor, L. 2003, p. 3611, December 20, 2002.)

(Paragraph deleted by amendment, L. 2002, p. 3097, effective upon proclamation of the Governor, L. 2003, p. 3611, December 20, 2002.)

All actions, including actions regarding procedural rules, shall be adopted by the commission by majority vote. Each commissioner shall have one vote, including the commissioner who acts as the chairman of the commission. All procedural rules adopted by the commission shall be filed with the secretary of state.

This amendment shall be self-executing.'[1]

Amendments

Section 2

Text of Section 2:

Officers

The officers of the city and county of Denver shall be such as by appointment or election may be provided for by the charter; and the jurisdiction, term of office, duties and qualifications of all such officers shall be such as in the charter may be provided; but the charter shall designate the officers who shall, respectively, perform the acts and duties required of county officers to be done by the constitution or by the general law, as far as applicable. If any officer of said city and county of Denver shall receive any compensation whatever, he or she shall receive the same as a stated salary, the amount of which shall be fixed by the charter, or, in the case of officers not in the classified civil service, by ordinance within limits fixed by the charter; provided, however, no elected officer shall receive any increase or decrease in compensation under any ordinance passed during the term for which he was elected.[1]

Section 3

Text of Section 3:

Establishment of Government Civil Service Recommendations

Immediately upon the canvass of the vote showing the adoption of this amendment, it shall be the duty of the governor of the state to issue his proclamation accordingly. Every charter shall provide that the department of fire and police and the department of public utilities and works shall be under such civil service regulations as in said charter shall be provided.[1]

Amendments

Section 4

Text of Section 4:

First Charter

(1) The people of the city and county of Denver are hereby vested with and they shall always have the exclusive power in making, altering, revising or amending their charter.

(2) and (3) (Deleted by amendment, L. 2000, p. 2778, effective upon proclamation of the Governor, L. 2001, p. 2391, December 28, 2000.)

(4) Any franchise relating to any street, alley, or public place of the said city and county shall be subject to the initiative and referendum powers reserved to the people under section 1 of article V of this constitution. Such referendum power shall be guaranteed notwithstanding a recital in an ordinance granting such franchise that such ordinance is necessary for the immediate preservation of the public peace, health, and safety. Not more than five percent of the registered electors of a home rule city shall be required to order such referendum. Nothing in this section shall preclude a home rule charter provision which requires a lesser number of registered electors to order such referendum or which requires a franchise to be voted on by the registered electors. If such a referendum is ordered to be submitted to the registered electors, the grantee of such franchise shall deposit with the treasurer the expense (to be determined by said treasurer) of such submission. The council shall have power to fix the rate of taxation on property each year for city and county purposes.[1]

Amendments

Section 5

Text of Section 5:

New charters, Amendments or Measures

The citizens of the city and county of Denver shall have the exclusive power to amend their charter or to adopt a new charter, or to adopt any measure as herein provided;

It shall be competent for qualified electors in number not less than five percent of the next preceding gubernatorial vote in said city and county to petition the council for any measure, or charter amendment, or for a charter convention. The council shall submit the same to a vote of the qualified electors at the next general election not held within thirty days after such petition is filed; whenever such petition is signed by qualified electors in number not less than ten percent of the next preceding gubernatorial vote in said city and county, with a request for a special election, the council shall submit it at a special election to be held not less than thirty nor more than sixty days from the date of filing the petition; provided, that any question so submitted at a special election shall not again be submitted at a special election within two years thereafter. In submitting any such charter, charter amendment or measure, any alternative article or proposition may be presented for the choice of the voters, and may be voted on separately without prejudice to others. Whenever the question of a charter convention is carried by a majority of those voting thereon, a charter convention shall be called through a special election ordinance as provided in section four (4) hereof, and the same shall be constituted and held and the proposed charter submitted to a vote of the qualified electors, approved or rejected, and all expenses paid, as in said section provided.

The clerk of the city and county shall publish, with his official certification, for three times, a week apart, in the official newspapers, the first publication to be with his call for the election, general or special, the full text of any charter, charter amendment, measure, or proposal for a charter convention, or alternative article or proposition, which is to be submitted to the voters. Within ten days following the vote the said clerk shall publish once in said newspaper the full text of any charter, charter amendment, measure, or proposal for a charter convention, or alternative article or proposition, which shall have been approved by majority of those voting thereon, and he shall file with the secretary of state two copies thereof (with the vote for and against) officially certified by him, and the same shall go into effect from the date of such filing. He shall also certify to the secretary of state, with the vote for and against, two copies of every defeated alternative article or proposition, charter, charter amendment, measure or proposal for a charter convention. Each charter shall also provide for a reference upon proper petition therefor, of measures passed by the council to a vote of the qualified electors, and for the initiative by the qualified electors of such ordinances as they may by petition request.

The signatures to petitions in this amendment mentioned need not all be on one paper. Nothing herein or elsewhere shall prevent the council, if it sees fit, from adopting automatic vote registers for use at elections and references.

No charter, charter amendment or measure adopted or defeated under the provisions of this amendment shall be amended, repealed or revived, except by petition and electoral vote. And no such charter, charter amendment or measure shall diminish the tax rate for state purposes fixed by act of the general assembly, or interfere in any wise with the collection of state taxes.

The city council, or board of trustees, or other body in which the legislative powers of any home rule city or town may then be vested, on its own initiative, may submit any measure, charter amendment, or the question whether or not a charter convention shall be called, at any general or special state or municipal election held not less than 30 days after the effective date of the ordinance or resolution submitting such question to the voters.[1]

Section 6

Text of Section 6:

Home Rule for Cities and Towns

The people of each city or town of this state, having a population of two thousand inhabitants as determined by the last preceding census taken under the authority of the United States, the state of Colorado or said city or town, are hereby vested with, and they shall always have, power to make, amend, add to or replace the charter of said city or town, which shall be its organic law and extend to all its local and municipal matters.

Such charter and the ordinances made pursuant thereto in such matters shall supersede within the territorial limits and other jurisdiction of said city or town any law of the state in conflict therewith.

Proposals for charter conventions shall be submitted by the city council or board of trustees, or other body in which the legislative powers of the city or town shall then be vested, at special elections, or at general, state or municipal elections, upon petition filed by qualified electors, all in reasonable conformity with section 5 of this article, and all proceedings thereon or thereafter shall be in reasonable conformity with sections 4 and 5 of this article.

From and after the certifying to and filing with the secretary of state of a charter framed and approved in reasonable conformity with the provisions of this article, such city or town, and the citizens thereof, shall have the powers set out in sections 1, 4 and 5 of this article, and all other powers necessary, requisite or proper for the government and administration of its local and municipal matters, including power to legislate upon, provide, regulate, conduct and control:

a. The creation and terms of municipal officers, agencies and employments; the definition, regulation and alteration of the powers, duties, qualifications and terms or tenure of all municipal officers, agents and employees;

b. The creation of police courts; the definition and regulation of the jurisdiction, powers and duties thereof, and the election or appointment of police magistrates therefor;

c. The creation of municipal courts; the definition and regulation of the jurisdiction, powers and duties thereof, and the election or appointment of the officers thereof;

d. All matters pertaining to municipal elections in such city or town, and to electoral votes therein on measures submitted under the charter or ordinances thereof, including the calling or notice and the date of such election or vote, the registration of voters, nominations, nomination and election systems, judges and clerks of election, the form of ballots, balloting, challenging, canvassing, certifying the result, securing the purity of elections, guarding against abuses of the elective franchise, and tending to make such elections or electoral votes non-partisan in character;

e. The issuance, refunding and liquidation of all kinds of municipal obligations, including bonds and other obligations of park, water and local improvement districts;

f. The consolidation and management of park or water districts in such cities or towns or within the jurisdiction thereof; but no such consolidation shall be effective until approved by the vote of a majority, in each district to be consolidated, of the qualified electors voting therein upon the question;

g. The assessment of property in such city or town for municipal taxation and the levy and collection of taxes thereon for municipal purposes and special assessments for local improvements; such assessments, levy and collection of taxes and special assessments to be made by municipal officials or by the county or state officials as may be provided by the charter;

h. The imposition, enforcement and collection of fines and penalties for the violation of any of the provisions of the charter, or of any ordinance adopted in pursuance of the charter.

It is the intention of this article to grant and confirm to the people of all municipalities coming within its provisions the full right of self-government in both local and municipal matters and the enumeration herein of certain powers shall not be construed to deny such cities and towns, and to the people thereof, any right or power essential or proper to the full exercise of such right.

The statutes of the state of Colorado, so faras applicable, shall continue to apply to such cities and towns, except insofar as superseded by the charters of such cities and towns or by ordinance passed pursuant to such charters.

All provisions of the charters of the city and county of Denver and the cities of Pueblo, Colorado Springs and Grand Junction, as heretofore certified to and filed with the secretary of state, and of the charter of any other city heretofore approved by a majority of those voting thereon and certified to and filed with the secretary of state, which provisions are not in conflict with this article, and all elections and electoral votes heretofore had under and pursuant thereto, are hereby ratified, affirmed and validated as of their date.

Any act in violation of the provisions of such charter or of any ordinance thereunder shall be criminal and punishable as such when so provided by any statute now or hereafter in force.

The provisions of this section 6 shall apply to the city and county of Denver.

This article shall be in all respects self-executing.[1]

Amendments

Section 7

Text of Section 7:

City and County of Denver Single School District ­Consolidations

The city and county of Denver shall alone always constitute one school district, to be known as District No. 1, but its conduct, affairs and business shall be in the hands of a board of education consisting of such numbers, elected in such manner as the general school laws of the state shall provide.

The said board of education shall perform all the acts and duties required to be performed for said district by the general laws of the state. Except as inconsistent with this amendment, the general school laws of the state shall, unless the context evinces a contrary intent, be held to extend and apply to the said "District No. 1".

Upon the annexation of any contiguous municipality which shall include a school district or districts or any part of a district, said school district or districts or part shall be merged in said "District No. 1", which shall then own all the property thereof, real and personal, located within the boundaries of such annexed municipality, and shall assume and pay all the bonds, obligations and indebtedness of each of the said included school districts, and a proper proportion of those of partially included districts.

Provided, however, that the indebtedness, both principal and interest, which any school district may be under at the time when it becomes a part, by this amendment or by annexation, of said "District No. 1", shall be paid by said school district so owing the same by a special tax to be fixed and certified by the board of education to the council which shall levy the same upon the property within the boundaries of such district, respectively, as the same existed at the time such district becomes a part of said "District No. 1", and in case of partially included districts such tax shall be equitably apportioned upon the several parts thereof.[1]

Section 8

Text of Section 8:

Conflicting Constitutional Provisions Declared Inapplicable

Anything in the constitution of this state in conflict or inconsistent with the provisions of this amendment is hereby declared to be inapplicable to the matters and things by this amendment covered and provided for.[1]

Section 9

Text of Section 9:

Procedure and Requirements for Adoption

(1) Notwithstanding any provision in sections 4, 5, and 6 of this article to the contrary, the registered electors of each city and county, city, and town of the state are hereby vested with the power to adopt, amend, and repeal a home rule charter.

(2) The general assembly shall provide by statute procedures under which the registered electors of any proposed or existing city and county, city, or town may adopt, amend, and repeal a municipal home rule charter. Action to initiate home rule shall be by petition, signed by not less than five percent of the registered electors of the proposed or existing city and county, city, or town, or by proper ordinance by the city council or board of trustees of a town, submitting the question of the adoption of a municipal home rule charter to the registered electors of the city and county, city, or town. No municipal home rule charter, amendment thereto, or repeal thereof, shall become effective until approved by a majority of the registered electors of such city and county, city, or town voting thereon. A new city or town may acquire home rule status at the time of its incorporation.

(3) The provisions of this article as they existed prior to the effective date of this section, as they relate to procedures for the initial adoption of home rule charters and for the amendment of existing home rule charters, shall continue to apply until superseded by statute.

(4) It is the purpose of this section to afford to the people of all cities, cities and counties, and towns the right to home rule regardless of population, period of incorporation, or other limitation, and for this purpose this section shall be self-executing. It is the further purpose of this section to facilitate adoption and amendment of home rule through such procedures as may hereafter be enacted by the general assembly.[1]

Amendments

Section 10

Text of Section 10:

City and County of Broomfield - Created


The city of Broomfield is a preexisting municipal corporation and home rule city of the state of Colorado, physically situated in parts of Adams, Boulder, Jefferson, and Weld counties. On and after November 15, 2001, all territory in the municipal boundaries of the city of Broomfield shall be detached from the counties of Adams, Boulder, Jefferson, and Weld and shall be consolidated into a single county and municipal corporation with the name "The City and County of Broomfield." Prior to November 15, 2001, the city of Broomfield shall not extend its boundaries beyond the annexation boundary map approved by the Broomfield city council on April 28, 1998, as an amendment to the city of Broomfield 1995 master plan. The existing charter of the said city of Broomfield shall become the charter of the city and county of Broomfield.

The city and county of Broomfield shall have perpetual succession; shall own, possess, and hold all real and personal property, including water rights, the right to use water, and contracts for water, currently owned, possessed, or held by the said city of Broomfield; shall assume, manage, and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities of, shall acquire all benefits of, and shall assume and pay all bonds, obligations, and indebtedness of said city of Broomfield and its proportionate share of the general obligation indebtedness and, as provided by intergovernmental agreement, its proportionate share of revenue bond obligations of the counties of Adams, Boulder, Jefferson, and Weld on and after November 15, 2001.

The city and county of Broomfield may sue and defend, plead, and be impleaded in all courts and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may grant franchises; may purchase, receive, hold, and enjoy, or sell and dispose of real and personal property; may receive bequests, gifts, and donations of real and personal property, or real and personal property in trust for public, charitable, or other purposes, and do all things and acts necessary to carry out the purposes of such gifts, bequests, donations, and trusts with power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, donation, or trust.

The city and county of Broomfield shall have the power within and without its territorial limits to construct, condemn, purchase, acquire, lease, add to, maintain, conduct, and operate water works, water supplies, sanitary sewer facilities, storm water facilities, parks, recreation facilities, open space lands, light plants, power plants, heating plants, electric and other energy facilities and systems, gas facilities and systems, transportation systems, cable television systems, telecommunication systems, and other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefor, for the use of said city and county and the inhabitants thereof; to purchase in whole or in part any such systems, plants, works, facilities, or ways, or any contracts in relation or connection thereto that may exist, and may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain; and to issue bonds in accordance with its charter in any amount necessary to carry out any said powers or purposes, as the charter may provide and limit. The city and county of Broomfield shall have all of the powers of its charter and shall have all of the powers set out in section 6 of this article, including the power to make, amend, add to, or replace its charter as set forth in section 9 of this article. The charter provisions and procedures shall supersede any constitutional or statutory limitations and procedures regarding financial obligations. The city and county of Broomfield shall have all powers conferred to home rule municipalities and to home rule counties by the constitution and general laws of the state of Colorado that are not inconsistent with the constitutional provisions creating the city and county of Broomfield.

Prior to November 15, 2001, the charter and ordinances of the city of Broomfield shall govern all local and municipal matters of the city. On and after November 15, 2001, the constitutional provisions creating and governing the city and county of Broomfield, the city and county charter adopted in accordance with these constitutional provisions, and the ordinances existing and adopted from time to time shall govern all local and municipal matters of the city and county of Broomfield.

On and after November 15, 2001, the requirements of section 3 of article XIV of this constitution and the general annexation and consolidation statutes of the state relating to counties shall apply to the city and county of Broomfield. On and after November 15, 2001, any contiguous territory, together with all property belonging thereto, hereafter annexed to or consolidated with the city and county of Broomfield under any laws of this state, in whatsoever county the same may be at the time, shall be detached from such other county and become a municipal and territorial part of the city and county of Broomfield.

On and after November 15, 2001, no annexation or consolidation proceeding shall be initiated pursuant to the general annexation and consolidation statutes of the state to annex lands to or consolidate lands with the city and county of Broomfield until such proposed annexation or consolidation is first approved by a majority vote of a seven-member boundary control commission. The boundary control commission shall be composed of one commissioner from each of the boards of commissioners of Adams, Boulder, Jefferson, and Weld counties, respectively, and three elected officials of the city and county of Broomfield. The commissioners from each of the said counties shall be appointed by resolution of the respective county boards of commissioners. The three elected officials from the city and county of Broomfield shall be appointed by the mayor of the city and county of Broomfield. The boundary control commission shall adopt all actions, including actions regarding procedural rules, by majority vote. Each member of the boundary control commission shall have one vote, including the commissioner who acts as chairperson of the commission. The commission shall file all procedural rules adopted by the commission with the secretary of state.

Enacted by the people November 3, 1998 -- Effective upon proclamation of the Governor, January --, 1999. (For the text of this amendment and the votes cast thereon, see L. 98, p. 2225.)[1]

Amendments

Section 11

Text of Section 11:

Officers - City and County of Broomfield

The officers of the city and county of Broomfield shall be as provided for by its charter or ordinances. The jurisdiction, term of office, and duties of such officers shall commence on November 15, 2001. The qualifications and duties of all such officers shall be as provided for by the city and county charter and ordinances, but the ordinances shall designate the officers who shall perform the acts and duties required of county officers pursuant to this constitution or the general laws of the state of Colorado, as far as applicable. All compensation for elected officials shall be determined by ordinance and not by state statute. If any elected officer of the city and county of Broomfield shall receive any compensation, such officer shall receive the same as a stated salary, the amount of which shall be fixed by ordinance within limits fixed by the city and county charter or by resolution approving the city and county budget and paid in equal monthly payments. No elected officer shall receive any increase or decrease in compensation under any ordinance or resolution passed during the term for which such officer was elected.[1]

Amendments

Section 12

Text of Section 12:

Transfer of Government

Upon the canvass of the vote showing the adoption of the constitutional provisions creating and governing the city and county of Broomfield, the governor shall issue a proclamation accordingly, and, on and after November 15, 2001, the city of Broomfield and those parts of the counties of Adams, Boulder, Jefferson, and Weld included in the boundaries of said city shall be consolidated into the city and county of Broomfield. The duties and terms of office of all officers of Adams, Boulder, Jefferson, and Weld counties shall no longer be applicable to and shall terminate with regard to the city and county of Broomfield. On and after November 15, 2001, the terms of office of the mayor and city council of the city of Broomfield shall terminate with regard to the city of Broomfield and said mayor and city council shall become the mayor and city council of the city and county of Broomfield. The city council of the city and county of Broomfield, in addition to performing the duties prescribed in the city and county charter and ordinances, shall perform the duties of a board of county commissioners or may delegate certain duties to various boards and commissions appointed by the city council of the city and county of Broomfield. The city and county of Broomfield shall be a successor district of the city of Broomfield under section 20 of article X of this constitution. Any voter approval granted the city of Broomfield under section 20 of article X of this constitution prior to November 15, 2001, shall be considered voter approval under said section for the city and county of Broomfield. The city and county of Broomfield shall have the power to continue to impose and collect sales, use, and property taxes that were imposed by the city of Broomfield and the counties of Adams, Boulder, Jefferson, and Weld within the areas where said taxes were imposed on November 14, 2001, until the voters of the city and county of Broomfield approve uniform sales, use, and property taxes within the city and county of Broomfield or approve increased sales, use, or property taxes within the city and county of Broomfield. Any violation of any criminal statutes of the state of Colorado occurring on or before November 14, 2001, shall continue to be prosecuted within the county where the violation originally occurred.[1]

Amendments

Section 13

Text of Section 13:

Sections Self-executing - Appropriations

Sections 10 through 13 of this article shall be in all respects self-executing and shall be construed so as to supersede any conflicting constitutional or statutory provision that would otherwise impede the creation of the city and county of Broomfield or limit any of the provisions of those sections. Except as otherwise provided in sections 10 through 13, said sections shall be effective on and after November 15, 2001. After the adoption of the constitutional provisions creating and governing the city and county of Broomfield, the general assembly may appropriate funds, if necessary, in cooperation with the city and county of Broomfield to implement these constitutional provisions at the state level.[1]

Amendments

See also

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