Colorado § 31-2-209 - Special procedure for adopting a charter upon incorporation.

§ 31-2-209. Special procedure for adopting a charter upon incorporation.

(1) Proceedings to adopt a home rule charter may be initiated at the time of incorporation.

(2) In order to initiate home rule at the time of incorporation, the petition for incorporation shall be in the form and meet the requirements required by the provisions of section 31-2-101, except that:

(a) The petition shall be signed by at least five percent of the registered electors of the territory to be embraced within the boundaries of the proposed municipality, notwithstanding any provision of section 31-2-101; and

(b) The petition for incorporation shall request the initiation of proceedings for the adoption of a home rule charter pursuant to the provisions of this part 2.

(3) The election commissioners appointed by the court pursuant to section 31-2-102 shall exercise, to the extent practicable, the powers, functions, and responsibilities otherwise assigned by this part 2 to the governing body or clerk, and the procedures for incorporation and adoption of a home rule charter shall be modified as necessary to effectuate concurrent consideration.

(4) At the incorporation election, conducted under the provisions of section 31-2-102, the registered electors shall vote upon:

(a) The question of incorporation, as set forth in section 31-2-102 (5);

(b) The question of whether a charter commission should be formed, as set forth in section 31-2-205 (1); and

(c) The election of charter commission members, as set forth in section 31-2-205 (2).

(5) If a majority of the registered electors voting thereon vote for incorporation and for formation of a charter commission, the first election of officers shall be stayed pending drafting and approval of the charter pursuant to sections 31-2-206 and 31-2-207. Upon ratification of the charter or after rejection of a charter and revised charter pursuant to section 31-2-207, the election commissioners shall proceed to the first election of officers and to completion of incorporation pursuant to part 1 of this article.

(6) If a majority of the registered electors voting thereon vote for incorporation but against the formation of a charter commission, the procedures set forth in part 1 of this article shall be followed as if the petition for incorporation had not included a request for the adoption of home rule at the time of incorporation.

Source: L. 75: Entire title R&RE, p. 1016, § 1, effective July 1. L. 84: (2)(a) amended, p. 831, § 2, effective April 15. L. 85: (2)(a) amended, p. 1346, § 14, effective April 30.

Editor's note: This section is similar to former § 31-2-109 as it existed prior to 1975.

ANNOTATION

General Assembly's purpose in enacting subsection (2) was to ensure that request for initiation of home rule proceedings filed at same time as petition for incorporation does not ignore the independent statutory requirements for obtaining home rule status. Malmgren v. Copper Mtn., Inc., 873 P.2d 44 (Colo. App. 1994).

A proceeding to obtain a home rule charter may be initiated at the same time a petition for incorporation is filed. Malmgren v. Copper Mtn., Inc., 873 P.2d 44 (Colo. App. 1994).

The requirements for obtaining a home rule charter are the same regardless of whether a charter is sought after incorporation or at the same time a petition for incorporation is filed. Malmgren v. Copper Mtn., Inc., 873 P.2d 44 (Colo. App. 1994).

Unlike the signatories to a petition for incorporation, signatories to a petition for home rule charter need not demonstrate that they are landowners. Malmgren v. Copper Mtn., Inc., 873 P.2d 44 (Colo. App. 1994).

Petition for incorporation must contain allegations that signatories are landowners within the territory sought to be incorporated regardless of whether it is filed alone or with a petition for home rule charter. Malmgren v. Copper Mtn., Inc., 873 P.2d 44 (Colo. App. 1994).