§ 31-2-104 — Organization of new city or town

Colorado § 31-2-104

• Jurisdiction: Colorado
• Title 31: Government
• Art.: Formation and Reorganization

Text

(1) After the filing of the record
in the proper offices by the clerk of the court, the commissioners mentioned in
section 31-2-102, in the case of a city, by resolution, shall divide the city into wards
in accordance with the provisions of section 31-4-104, and the commissioners may,
in the case of a town, similarly divide such town into wards. Each ward shall contain
at least one precinct, and no precinct or part thereof shall be located within more
than one ward. Precinct boundaries shall be the same as those established
pursuant to section 31-2-102. Said resolution shall be filed with the clerk of the
district court; but the first governing body shall have authority by ordinance to
change the boundaries and number of wards prior to the next regular election.

(2) The commissioners by their chairman, at least four weeks before the date
of the first election of officers, shall give preliminary notice thereof by publication
in newspapers selected in the manner prescribed by the Colorado Municipal
Election Code of 1965. Such notice shall contain the following information:

(a) The time when the election will be held and the precinct boundaries and
location of the polling place for each precinct;

(b) A description of the boundaries of the wards, if there are wards;

(c) The officers then to be elected;

(d) The fact that candidates for office may be nominated and their names
placed on the ballot in accordance with the petition requirements set out in the
Colorado Municipal Election Code of 1965;

(e) The last date on which nomination petitions may be filed;

(f) The last date registration and changes of address may be made with the
county clerk and recorder; and

(g) The qualifications for persons to vote in the election.

(3) Registration and changes of address may be made in the office of the
county clerk and recorder. The county clerk and recorder has authority in his or her
sole discretion, from time to time, to conduct registration within the proposed
corporate limits. Each nomination petition must be filed with the clerk of the district
court. Nominating petitions shall be made and filed and vacancies in nomination
shall be filled in accordance with the Colorado Municipal Election Code of 1965.

(4) At least twenty days before the election, the commissioners by their chair
shall give notice of the election in the manner prescribed by the Colorado
Municipal Election Code of 1965.

(5) At such election the registered electors of such city or town residing
within the limits of such city or town shall choose officers therefor, to hold their
offices until the first regular election. The commissioners shall act as judges and
clerks of the election; but the chairman may appoint such additional judges and
clerks as he deems necessary for the proper conduct of the election. The election
shall be conducted by the commissioners in the manner prescribed by the
Colorado Municipal Election Code of 1965, insofar as applicable.

(6) Candidates for election and elected officers shall bear the same
qualifications for office as required of candidates and officers of a city or town as
the case may be.

(7) All costs and expenses connected with such incorporation proceedings,
including all election expenses and fees for necessary legal expenses, shall be paid
by the governing body of the newly incorporated city or town within one year from
the date of incorporation.

Legislative History

Source: L. 75: Entire title R&RE, p. 1011, � 1, effective July 1. L. 87: (3) amended, p. 326, � 75, effective July 1. L. 94: (3) amended, p. 1772, � 36, effective January 1, 1995. L. 95: (3) amended, p. 856, � 26, effective July 1. L. 2014: (3) amended, (HB 14-1164), ch. 2, p. 58, � 11, effective February 18. L. 2015: (4) amended, (HB 15-1130), ch. 230, p. 854, � 3, effective August 5.