Colorado § 31-1-204 - Change of classification - towns - notice - effect on officeholders - options prior to reorganization - terms of office - election dates.

§ 31-1-204. Change of classification - towns - notice - effect on officeholders - options prior to reorganization - terms of office - election dates.

(1) The governor and secretary of state, within six months after the returns of any United States census have been filed in the office of the secretary of state, or within thirty days after the returns of the enumeration of the inhabitants of any town taken under and by authority of any town ordinance or resolution adopted by the board of trustees of such town have been filed in the office of the secretary of state, shall ascertain which towns are entitled to become cities. The governor shall cause a statement thereof to be prepared by the secretary of state, which statement shall be published in some newspaper published at the state capital and also in some newspaper, if there is one, printed in each of the towns entitled to such change in classification. A copy of such statement shall be transmitted by the secretary of state to the mayors of said towns and to the next general assembly.

(2) Every such town may proceed at any subsequent regular town election held not sooner than ninety days after the date of the statement's receipt by the mayor, to organize according to the new classification available to it by the election of officers properly belonging thereto. No change of classification, nor the organization of the town into a city in accordance with this section, shall cause the removal from office of any member of the governing body of such town whose term of office has not expired.

(3) Notwithstanding the provisions of sections 31-4-105 and 31-4-107 (4), prior to any election to reorganize to a statutory city under part 1 of article 4 of this title, the governing body of the town may adopt an ordinance providing for the continued appointment of the clerk and treasurer by the governing body. If such an ordinance is repealed, the clerk and treasurer positions shall then be elective offices until changed pursuant to section 31-4-107 (4).

(4) Notwithstanding the provisions of part 2 of article 4 of this title, prior to any election to reorganize, the governing body may conduct an election under the provisions of part 2 of article 4 of this title to determine whether the town should reorganize directly into a city council-city manager form of government. If the voters vote to reorganize in such a manner, the town's form of government shall remain unchanged until the reorganization election at which time the town shall reorganize into a city council-city manager form of government. For the purpose of section 31-4-204 (1), laws of the state applicable to cities and not inconsistent with this part 2 or with part 2 of article 4 of this title shall apply to and govern the town after its reorganization into a city council-city manager form of government.

(5) Notwithstanding the provisions of sections 31-4-104, 31-4-105, 31-4-106, and 31-4-205, prior to any reorganization election, the governing body of the town may adopt an ordinance establishing the number of members to be on the city council after reorganization, which number shall not be less than six, and providing that all members shall be elected from the city at large. If such an ordinance is repealed, the members of the council shall be elected according to the provisions of part 1 or part 2 of article 4 of this title, whichever is applicable.

(6) Notwithstanding the provisions of sections 31-4-105 and 31-4-205 (1), if four-year overlapping terms for the mayor and trustees or any other elective officer were established prior to the reorganization election, such terms shall continue after reorganization for the mayor and council members and any other elective city office until changed pursuant to section 31-4-107 (3) or 31-4-205 (3).

(7) In conformity with the provisions of section 31-1-101 (10), the regular election date for towns reorganizing into cities shall remain, after reorganization, the first Tuesday of April in each even-numbered year unless a majority of the registered electors of the city voting on the question have voted to hold the regular election of the city on a different date pursuant to section 31-10-109 (1), in which case the regular election date of the city shall mean, for such city, the date on which the regular election of officers takes place as determined by the registered electors of the city. Notwithstanding the provisions of section 31-10-109 (1), after reorganization, the governing body of the city may by ordinance establish its regular election date on the Tuesday succeeding the first Monday of November in each odd-numbered year, and may include in such ordinance any alteration in the term of office of officials subsequently elected which may be necessary to accomplish the change in election dates in an orderly manner. In no event shall such ordinance shorten the term of any elected official in office at the time of its adoption.

Source: L. 75: Entire title R&RE, p. 1007, § 1, effective July 1. L. 81: (2) amended and (3) to (7) added, p. 1489, § 2, June 5. L. 86: (7) amended, p. 1220, § 29, effective May 30. L. 2004: (7) amended, p. 809, § 2, effective July 1.

Editor's note: This section is similar to former § 31-1-203 as it existed prior to 1975.

ANNOTATION

Annotator's note. Since § 31-1-204 is similar to former § 31-1-203 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.

This and the following section are applicable to, and govern, all existing towns and cities which have been incorporated under general laws, whether of the territory or of the state. Kirkpatrick v. People, 66 Colo. 100, 179 P. 338 (1919).

Ordinary intent of language. The most reasonable construction of this section is that the language was intended to mean exactly what it says according to the ordinary meaning of the words used. Harris v. Chambers, 16 Colo. App. 250, 64 P. 688 (1901).

Mandatory provisions as to organization. This section is mandatory in its requirement that, when an incorporated town becomes a city, it shall organize by the election of such officials as are necessary and provided by statute for the municipality in its new class. Harris v. Chambers, 16 Colo. App. 250, 64 P. 688 (1901); Kirkpatrick v. People, 66 Colo. 100, 179 P. 338 (1919).

As to no removal from office. This section is explicit and mandatory in its provision that the change of class shall not work the removal from office of aldermen of the incorporated town whose terms had not expired, and that they should continue to serve as aldermen of the city in its new class until the expiration of the term for which they had been originally elected. Harris v. Chambers, 16 Colo. App. 250, 64 P. 688 (1901).