§ 30-35-103 — Home rule counties - general powers

Colorado § 30-35-103

• Jurisdiction: Colorado
• Title 30: Government
• Art.: Home Rule Counties

Text

(1) Any county which
adopts, has adopted, or proposes to adopt a county home rule charter to establish
the organization and structure of county government, pursuant to the provisions of
part 5 of article 11 of this title, may provide in such charter, or amendment thereto
for the adoption of all or certain of the home rule powers authorized pursuant to the
provisions of this article. In addition to powers authorized in this article, a home rule
county, and its officers and employees, shall have all the powers of any county not
adopting a home rule charter, except as otherwise provided in this article or in the
charter or in the state constitution.

(2) None of the home rule powers granted in this article shall be exercised by
a home rule county within the corporate limits of any municipality or territory
annexed thereto, nor shall any fee, tax, assessment, or levy of any kind be imposed
within such municipality for the exercise of any of the county home rule powers
which are not authorized for nonhome rule counties, unless consent thereto is first
given by the governing body of such municipality. Nothing contained in this article
shall affect the power, otherwise granted by law, of a home rule county to own,
operate, and maintain real and personal property within the corporate limits of any
municipality.

(3) Notwithstanding any other provision in this part 1, none of the powers
authorized in this article shall be applied to any municipal property, functions,
services, or facilities, whether provided or located within or outside municipal
boundaries, as the boundaries may from time to time exist, unless consent thereto
is first given by the governing body of the municipality. This part 1 shall not be
construed as limiting the authority of any municipality nor as expanding the
authority of any county with respect to any municipality or any municipal property,
functions, services, or facilities.

(4) A home rule county shall provide all mandatory county functions,
services, and facilities and shall exercise all mandatory powers as are required by
law for counties not having home rule powers. A home rule county may provide all
permissive functions, services, and facilities and may exercise all permissive
powers granted in this article and by other law applicable to counties not having
home rule powers, except as otherwise provided in this article or in the charter or in
the state constitution.

(5) A home rule county shall be a body politic and corporate, under such
name and style as prescribed by law, and may sue and be sued, contract or be
contracted with, acquire and hold real and personal property, have a common seal
which it may change and alter at pleasure, and have such other privileges as are
incident to corporations of like character or degree, not inconsistent with its charter
or the laws of this state.

Legislative History

Source: L. 81: Entire article added, p. 1461, � 1, effective June 8.