Chapter 5 - § 5.8 • CITIES AND TOWNS

• Jurisdiction: Colorado

§ 5.8 • CITIES AND TOWNS

§ 5.8.1-Structure and Classification

Municipalities in Colorado are classified as either cities or towns, depending on population. While certain grandfather provisions and other statutes relating to formation apply, in general, a city is defined as a municipal corporation having a population of more than 2,000,²⁴ and a town is a municipal corporation with a population of 2,000 or less.²⁵ As populations change, a municipal entity's classification also may change.²⁶

Corporate and municipal authority of a city is vested in a governing body denominated by the city council,²⁷ with a mayor acting as the chief executive officer.²⁸ Cities may, in the alternative, choose to follow a city council-city manager structure,²⁹ whereby the members of the city council appoint a city manager who carries out many of the same duties as a mayor.³⁰

The authority of a town is vested in a board of trustees and mayor, each of whom is elected by the general electorate of the town.³¹

§ 5.8.2-Home Rule

Article XIV, § 16 of the Colorado Constitution provides that Colorado counties may adopt a home rule charter. Article XX, § 6 of the Colorado Constitution provides that cities or towns with a population of 2,000 inhabitants also have the power to create a home rule charter.³² This section further provides that such a charter, and any ordinances adopted by the city or town pursuant to the charter, shall supersede any conflicting state law.

Such home rule power, however, is a limited grant of authority and may be exercised properly only as to matters that are of local concern.³³ The state legislature retains the power to enact controlling laws with respect to matters that are of statewide concern.³⁴ If a matter has mixed state and local concerns, a home rule municipal ordinance may coexist with a state statute, so long as there is no conflict between the two.³⁵ If, however, there is a conflict, the state statute will supersede the conflicting provisions of a local ordinance.³⁶

Whether a matter is of local, state, or mixed concern is determined on an ad hoc basis, taking into consideration the facts of each case and factors such as: whether there is a need for statewide uniformity of regulation; whether the municipal legislation has impact beyond its territory; whether the matter is one that historically has been governed by state or local government; and whether the state constitution commits the particular matter to state or local regulation.³⁷

Zoning has been found to be a matter of local concern.³⁸ Local building codes containing provisions that arguably were stricter than applicable state statutes also have been upheld as a valid exercise of the municipality's police power.³⁹

As to the applicability of construction-related statutes to home rule entities, Article XX, § 6 of the Colorado Constitution states, in part: "The statutes of the state of Colorado, so far as applicable, shall continue to apply to such cities and towns, except insofar as superseded by the charters of such cities and towns or by ordinance passed pursuant to such charters."⁴⁰ This language indicates that construction statutes in general would apply to a home rule city or town, unless superseded by the particular laws of the entity.

There is no similar provision relating to counties in the state constitution. Home rule counties are required to provide "all mandatory county functions, services, and facilities and shall exercise all mandatory powers as may be required by statute."⁴¹ They also are empowered to "provide such permissive functions, services, and facilities and to exercise such permissive powers as may be authorized by statute applicable to all home rule counties, except as may be otherwise prohibited or limited by charter or this constitution."⁴² A home rule county thus has broad powers, and its specific resolutions should be consulted to determine if there have been any variations on, or additions to, general statutory provisions.

§ 5.8.3-General Powers

Colorado statutes define cities and towns as bodies politic and corporate with broad powers, including the powers to sue and be sued; to enter into contracts; and to hold, lease, and dispose of real and personal property.⁴³ They also have the power to erect and care for all...