As used in this title, except where specifically defined, unless the context otherwise requires:
"Ad valorem tax" means only the general property tax levied annually on real orpersonal property listed with the county assessor.
"City" means a municipal corporation having a population of more than two thousand incorporated pursuant to the provisions of part 1 of article 2 of this title or reorganized pursuant to the provisions of part 3 of article 2 of this title or pursuant to the provisions of any other general law on or after July 3, 1877, and a municipal corporation, regardless of population, organized as a city on December 31, 1980, and choosing not to reorganize as a town pursuant to part 2 of this article, but does not include any city incorporated prior to July 3, 1877, which has chosen not to reorganize nor any city or city and county which has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state constitution.
"City clerk", "clerk", or "town clerk" means the clerk of the municipality who is thecustodian of the official records of the municipality or any person delegated by the clerk to exercise any of his powers, duties, or functions.
"Governing body" means the city council of a city organized pursuant to part 1 ofarticle 4 of this title, the city council of a city organized pursuant to part 2 of article 4 of this title, the board of trustees of a town, or any other body, by whatever name known, given lawful authority to adopt ordinances for a specific municipality. For purposes of determining a quorum or the required number of votes for any matter, "governing body" includes the total number of seats on the governing body but does not include the seat held by a nonvoting city manager under section 31-4-214.
"Mayor" means the mayor of the municipality; except that in a municipality having acity manager form of government, "mayor" means the presiding officer of the governing body of the municipality.
"Municipality" means a city or town and, in addition, means a city or town incorporated prior to July 3, 1877, whether or not reorganized, and any city, town, or city and county which has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state constitution.
"Qualified elector" means a person who is qualified under the provisions of the "Colorado Municipal Election Code of 1965" to register to vote in elections of the municipality or who, with respect to a proposed city or town or the creation of an improvement district, is qualified to register to vote in the territory involved in the proposed incorporation or district.
"Qualified taxpaying elector" means a qualified elector who, during the twelve months next preceding the election, has paid an ad valorem tax on property owned by him and situated within the municipality or within the territory involved in the proposed incorporation or improvement district.
"Registered elector" means a qualified elector who has registered to vote in the manner required by law.
"Regular election" means:
Before July 1, 2004, the election held in towns on the first Tuesday of April in eacheven-numbered year; the election held in cities on the first Tuesday of November in each oddnumbered year; and the election held in any other municipality at which the regular election of officers takes place;
On and after July 1, 2004, the election held in any municipality in accordance withparagraph (a) of this subsection (10) unless a majority of the registered electors of the municipality voting on the question have voted to hold the regular election on a date different than specified in paragraph (a) of this subsection (10) pursuant to section 31-10-109 (1), in which case "regular election" means, for any particular municipality, the date on which the regular election of officers takes place as determined by the registered electors of the municipality.
"Special election" means any election called by the governing body of any municipality or initiated by petition to be held at a time other than the regular election for the purpose of submitting public questions or proposals to the registered electors of the municipality.
"Street" means any street, avenue, boulevard, road, land, alley, viaduct, right-ofway, courtway, or other public thoroughfare or place of any nature open to the use of the municipality or of the public, whether the same was acquired in fee or by grant of dedication or easement or by adverse use.
"Town" means a municipal corporation having a population of two thousand or lessincorporated pursuant to the provisions of part 1 of article 2 of this title or reorganized pursuant to the provisions of part 3 of article 2 of this title or pursuant to the provisions of any other general law on or after July 3, 1877, and a municipal corporation, regardless of population, organized as a town on December 31, 1980, and choosing not to reorganize as a city pursuant to part 2 of this article, but does not include any town incorporated prior to July 3, 1877, which has chosen not to reorganize nor any town which has chosen to adopt a home rule charter pursuant to the provisions of article XX of the state constitution.
"Ward" means a district, the boundaries of which have been established pursuant tosection 31-2-104 or 31-4-104, from which a member of the governing body of the city or town is elected.
Source: L. 75: Entire title R&RE, p. 1004, § 1, effective July 1. L. 79: (10) and (11) amended, p. 1170, § 1, effective July 1. L. 81: (4) amended, p. 1493, § 1, effective May 28; (2) and (13) amended, p. 1488, § 1, effective June 5. L. 85: (10) amended, p. 273, § 6, effective April 30. L. 89: (4) amended, p. 1287, § 2, effective April 6. L. 2000: (10) amended, p. 791, § 3, effective August 2. L. 2004: (10) amended, p. 1522, § 2, effective May 28; (10) amended, p. 808, § 1, effective July 1. L. 2005: (2) and (13) amended, p. 774, § 57, effective June 1.
Editor's note: (1) The provisions of this section are similar to provisions of several former sections as they existed prior to 1975. For a detailed comparison, see the comparative tables located in the back of the index.
(2) Amendments to subsection (10) by House Bill 04-1072 and House Bill 04-1430 were harmonized.