Colorado § 31-2-104 - Organization of new city or town.

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

(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.

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.

Editor's note: This section is similar to former § 31-1-106 as it existed prior to 1975.

Cross references: (1) For the "Colorado Municipal Election Code of 1965", see article 10 of this title.

(2) For the legislative declaration in HB 14-1164, see section 1 of chapter 2, Session Laws of Colorado 2014.

(3) For the legislative declaration in HB 15-1130, see section 1 of chapter 230, Session Laws of Colorado 2015.