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ARTICLE XV CORPORATIONS Section 3. Power to revoke, alter or annul charter. The general assembly shall have the power to alter, revoke or annul any charter of incorporation now existing and revocable at the adoption of this constitution, or any that may hereafter be created, whenever in their opinion it may be injurious to the citizens of the state, in such manner, however, that no injustice shall be done to the corporators.
cor·po·ra·tor (kôr′pəә rāt′əәr) noun a member of a corporation CORPORATOR. One who is a member of a corporation. 2. In general, a corporator is entitled to enjoy all the benefits and rights which belong to any other member of the corporation as such. But in some corporations, where the rights are of a pecuniary nature, each corporator is entitles to those rights in proportion to his interest; he will therefore be entitled to vote only in proportion to the amount of his stock, and be entitled to dividends in the same proportion. 3. A corporator is not in general liable personally for any act of the corporation, unless he has been made so by the charter creating the corporation.
Section 22. Process - prosecution - in name of people.
"The state" means the whole people united in one body politic, and "the state", and "the people of the state", are equivalent expressions. A complaint brought in the name of "the state of Colorado", is in effect a suit in the name of "the people of the state", and is good on demurrer. Brown v. State, 5 Colo. 496 (1881).
In all prosecutions for violations of the laws of Colorado, process shall run in the name of "The People of the State of Colorado"; all prosecutions shall be carried on in the name and by the authority of "The People of the State of Colorado", and conclude, "against the peace and dignity of the same". Enabling Act of Colorado Editor's note: The following act of March 3, 1875, is found at 18 Stat. 474. —————————— AN ACT TO ENABLE THE PEOPLE OF COLORADO TO FORM A CONSTITUTION AND STATE GOVERNMENT, AND FOR THE ADMISSION OF THE SAID STATE INTO THE UNION ON AN EQUAL FOOTING WITH THE ORIGINAL STATES. —————————— Be it enacted by the senate and house of representatives of the United States of America in congress assembled: § 1. Authority to form state. That the inhabitants of the territory of Colorado included in the boundaries hereinafter designated, be, and they are hereby authorized to form for themselves, out of said territory, a state government, with the name of the state of Colorado; which state, when formed, shall be admitted into the Union upon an equal footing with the original states in all respects whatsoever, as hereinafter provided.
Be it enacted by the senate and house of representatives of the United States of America in congress assembled: § 1. Authority to form state. That the inhabitants of the territory of Colorado included in the boundaries hereinafter designated, be, and they are hereby authorized to form for themselves, out of said territory, a state government, with the name of the state of Colorado; which state, when formed, shall be admitted into the Union upon an equal footing with the original states in all respects whatsoever, as hereinafter provided.
ANNOTATIONS Applied in State, Dept. of Natural Resources v. Southwestern Colo. Water Conservation Dist., 671 P.2d 1294 (Colo. 1983).
§ 2. Boundaries. That the said state of Colorado shall consist of all the territory included within the following boundaries, towit: commencing on the thirty-seventh parallel of north latitude where the twenty-ﬁfth meridian of longitude west from Washington crosses the same; thence north, on same meridian, to the forty-ﬁrst parallel of north latitude; thence along said parallel west to the thirty-second meridian of longitude west from Washington; thence south on said meridian, to the thirtyseventh parallel of north latitude; thence along said thirty-seventh parallel of north latitude to the place of beginning. § 3. Convention - election - apportionment - proclamation. That all persons qualiﬁed by law to vote for representatives to the general assembly of said territory, at the date of the passage of this act, shall be qualiﬁed to be elected, and they are hereby authorized to vote for and choose representatives to form a convention, under such rules and regulations as the governor of said territory, the chief justice, and the United States attorney thereof may prescribe; and also to vote upon the acceptance or rejection of such constitution as may be formed by said convention, under such rules and regulations as said convention may prescribe; and the aforesaid representatives to form the aforesaid convention shall be apportioned among the several counties in said territory in proportion to the vote polled in each of said counties at the last general election as near as may be; and said apportionment shall be made for said territory by the governor, United States district attorney, and chief justice thereof, or any two of them; and the governor of said territory shall, by proclamation, order an election of the representatives aforesaid, to be held throughout the territory at such time as shall be ﬁxed by the governor, chief justice and United States attorney, or any two of them; which proclamation shall be issued within ninety days next after the ﬁrst day of September, eighteen hundred and seventy-ﬁve, and at least thirty days prior to the time of said election; and such election shall be conducted in the same manner as is prescribed by the laws of said territory regulating elections therein, for members of the house of representatives; and the number of members to said convention shall be the same as now constitutes both branches of the legislature of the aforesaid territory. § 4. Constitutional convention - requirements of constitution. That the members of the convention thus elected shall meet at the capital of said territory, on a day to be ﬁxed by said governor, chief justice, and United States attorney, not more than sixty days subsequent to the day of election, which time of meeting shall be contained in the aforesaid proclamation mentioned in the third section of this act, and after organization, shall declare, on behalf of the people of said territory, that they adopt the constitution of the United States; whereupon the said convention shall be and is hereby authorized to form a constitution and state government for said territory; provided, that the constitution shall be republican in form, and make no distinction in civil or political rights on account of race or color, except Indians not taxed, and not be repugnant to the constitution of the United States and the principles of the declaration of independence; and, provided further, that said convention shall provide by an ordinance irrevocable without the consent of the United States and the people of said state; ﬁrst, that perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested in person or property, on account of his or her mode of religious worship; secondly, that the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States; and that the lands belonging to citizens of the United States residing without said state shall never be taxed higher than the lands belonging to residents thereof, and that no taxes shall be imposed by the state on lands or property therein belonging to, or which may hereafter be purchased by the United States.
Inhabitants have no right to unaltered existence of municipality. Although the inhabitants and property owners may suffer inconvenience by annexation, and their property may be lessened in value by the burden of increased taxation or for any other reason, they have no right, by contract or otherwise, in the unaltered or continued existence of the municipal corporation or its powers. Bd. of County Comm'rs v. City & County of Denver, 150 Colo. 198, 372 P.2d 152 (1962), appeal dismissed, 372 U.S. 226, 83 S. Ct. 679, 9 L. Ed.2d 714 (1963).
Denver, Colorado - Code of Ordinances § 3.2.3 - General Police Power. The Council shall have the power to enact and provide for the enforcement of all ordinances necessary to protect life, health and property; to declare, prevent and summarily abate and remove nuisances; to preserve and enforce good government, general welfare, order and security of the City and County and the inhabitants thereof; to enact by ordinance uniform maximum fines and/or imprisonment for the violation of each and every ordinance or regulation and minimum fines for the violation of ordinances or regulations; to provide for the County Court, in its discretion, to grant probation, and/or to defer judgment and sentencing upon a plea of guilty, and/or to conditionally suspend sentences, all for a period not to exceed two (2) years after conviction or plea; to establish procedures under which the County Court may permit the installment payment of fines; the Council, or a committee thereof duly authorized by it, shall have power to investigate any Department of the City and County and the official acts and conduct of any officer thereof, and may compel the attendance and testimony of witnesses and the production of books and documents. § 4.2.1 - General powers and duties. There shall be and hereby is created a County Court of the City and County of Denver, which court shall perform all acts and duties required by the constitution or general laws of the State of Colorado now or hereafter required to be performed by County Courts, and all acts and duties required by the constitution or general laws of the State of Colorado or the Charter or ordinances of the City and County of Denver now or hereafter required to be performed by the Municipal Court. The County Court of the City and County of Denver in the exercise of the jurisdiction described in Section 4.2.5 hereof shall be a court of record if so provided by the general laws of the State of Colorado, and in the exercise of the jurisdiction described in Section 4.2.6 hereof may be a court of record if so provided by ordinance. § 4.2.5 - Jurisdiction; State laws. The County Court of the City and County of Denver shall have such civil, criminal, and appellate jurisdiction as now or hereafter may be provided by the constitution or general laws of the State of Colorado to be had or exercised by County Courts. (Charter 1960, A13.2; amended November 3, 1964)
§ 6.1.3 - Functions of the Department of Law. The Department of Law shall exercise all functions of the City and County of Denver as to: (A) Representing the City and County of Denver, or any officer acting in his or her official capacity, or any employee acting within the scope of his or her employment, or any duly appointed member of a board or commission acting within the scope of his or her duties, in all civil litigation where the City and County of Denver, or said officer or said employee has been made a party; (B) Serving as counsel and legal advisor of the Mayor, the City Council or any committee or member thereof, the Auditor and heads of all departments, boards, commissions and officers concerning any legal matters affecting the City's interest; (C) Preparing and approving as to form all contracts, deeds, bonds and other legal instruments to be executed in the name of or made to or with the City and County of Denver; (D) Drafting such legislation and rendering such formal opinions as specified in Section 3.3.5(D) and as may be requested by the Mayor, the City Council, the Auditor or any other officer of the City and County, acting in his or her official capacity; (E) Conducting the functions assigned to County attorneys by the general statutes of the State; (F) Appearing in behalf of the people of the City and County of Denver in all actions and proceedings involving the alleged violation of any Charter provision, ordinance or rule and regulation of the City and County of Denver. Sec. 14-21. - Commencement of actions. (a) City to file complaint, or issue summons or complaint or both. An action for the violation of a municipal ordinance shall be brought in the name of the "City and County of Denver" as plaintiff against the person who is alleged to have violated the ordinance as defendant and shall be commenced by filing a complaint with the chief clerk of the county court, or by the issuance of a summons or a complaint or both a summons and a complaint by an officer or employee of the city acting in an official capacity. (b) Limitation of actions. Except as otherwise specifically provided in this Code, no action for the violation of a municipal ordinance shall be commenced after the expiration of one (1) year from the date of such violation; provided, however, that if, at the date of such violation, any person subject to being fined or imprisoned or fined and imprisoned for or on account of such violation is out of the city or has absconded or concealed himself/herself, the period so limited for the commencement of the action for such violation shall not begin to run until the person comes into the city or while the person is so absconded or concealed; and if, after the date of such violation, the person departs from the city or absconds or conceals himself/herself, the time of the absence or concealment shall not be computed as a part of the period within which the action must be commenced. Sec. 14-29. - Police authorized to issue summons. Any member of the police department is hereby authorized to issue a summons, summons and complaint, subpoena-summons and complaint or penalty assessment notice requiring any person to appear in the county court to answer charges of a violation or infraction, or a subpoena requiring a witness whose testimony in court is believed necessary to establish any such violation or infraction, to appear in the county court and give required testimony. Sec. 14-38. - Jury trial. (a) Jury trial procedure in the county courts shall be governed by the appropriate provisions of the Colorado Rules of Criminal Procedure and Colorado Municipal Court Rules of Procedure, promulgated by the Colorado Supreme Court. No person shall be entitled to a trial by jury for a violation of the Charter or ordinances of the city which is neither criminal nor punishable by imprisonment under any counterpart state statute. (b) A jury fee in the amount of twenty-five dollars ($25.00) shall be paid by the defendant at the time the demand for jury trial is made. The fee collected is to be reported and deposited as provided in section 14-11 Sec. 14-106. - Created.
The presiding judge of the county court is hereby authorized to appoint magistrates to perform judicial functions. A magistrate shall be an attorney at law licensed to practice law in the State of Colorado for no fewer than three (3) years prior to their appointment except that a magistrate handling municipal parking violations need not be an attorney. (Ord. No. 205-88, § 1 , 4-4-88; Ord. No. 288-90, § 1 , 5-21-90; Ord. No. 650-94, § 2 , 8-22-94) Sec. 14-107. - Number of magistrates. Subject to appropriations, the presiding judge is authorized to appoint such magistrates as are necessary to conduct the business of the court.
Sec. 14-108. - Authority of magistrates. (a) The authority of magistrates handling civil and statutory criminal matters shall be as provided for by the general laws of the State of Colorado and rules promulgated by the Supreme Court of Colorado. (b) The authority of magistrates handling cases arising under the Charter and ordinances of the city shall be the same as the authorities exercised by judges of the county court except that such magistrates may not conduct jury trials. Magistrates may conduct bench trials on the issue of guilt or innocence of the original or any added or amended charge or charges found in the complaint or summons and complaint, only upon obtaining the consent of the defendant and unless the prosecuting attorney objects. Any consent of the defendant shall be made a part of the record. An order or judgment of a magistrate shall be the order or judgment of the county court. (c) Magistrates handling municipal parking violations shall have the authority to conduct informal dispositions, arraignments and final hearings of defendants charged with municipal parking violations. Such authority shall not be exercised in any manner that would restrict the right of a defendant to set such case for final hearing should the defendant disagree with any fine, cost or fee proposed by the magistrate. The same magistrate may not conduct both the informal dispositional conference and the final hearing for a particular defendant in the same case. Sec. 14-122. - Manager of safety performs duties of sheriff. Pursuant to Section A9.1 of the Charter, the manager of safety exercises the powers and performs the duties of sheriff under the laws of the state. Sec. 14-123. - Fees. (a) In accordance with the provisions of section 30-1-104, 105.5, 106 and 116 Colorado Revised Statutes, enacted pursuant to section 15 of article XIV of the Constitution of Colorado, fees collected by the sheriff or his/her designated representatives, for serving and returning various writs and processes and performing other duties under state law shall be fixed as follows: (1) For serving and returning a summons or other writ of process in a criminal action not specified in this section, with or without complaint attached, on each party served, fifteen dollars ($15.00). (2) For serving and returning a summons or other writ of process in other than a criminal action not specified in this section, with or without complaint attached, on each party served, thirty-five dollars ($35.00). (3) For making a return on a summons in a criminal action not served, five dollars ($5.00). (4) For making a return on a summons in other than a criminal action not served, on each party, twenty dollars ($20.00). (5) For serving and returning each subpoena in a criminal action on each witness, seven dollars and fifty cents ($7.50). (6) For serving and returning each subpoena in other than a criminal action on each witness, sixty dollars ($60.00). (7) For making return on a subpoena in a criminal action not served, five dollars ($5.00). (8) For making return on a subpoena in other than a criminal action not served, twenty dollars ($20.00). (9) For serving each juror, ten dollars ($10.00). (10) For serving and returning writ of attachment or replevin on each party, mileage as described in (13) plus twenty-nine dollars and twenty-five cents ($29.25) per hour per deputy and thirty-eight dollars and eighty-four cents ($38.84) per hour per deputy sergeant. (11) For serving garnishee summons on each party, twenty dollars ($20.00). (12) Mileage for each mile actually and necessarily traveled in serving each writ, subpoena or other process, in a criminal action, shall be calculated for all vehicles used at ninety (90) percent of the prevailing Internal Revenue Service mileage reimbursement rate, except that if either a four-wheel drive vehicle or privately owned airplane is necessary and authorized, the provisions of section 24-9-14(d) and (e), C.R.S. shall apply. (13) Mileage for every kind of service in noncriminal matters shall be charged using a zip code based mileage fee structure. The zip code based mileage fee shall be the total round trip miles to and from the center of each zip code by the shortest legal traveled distance from the Denver Sheriff Department Civil Unit multiplied by the prevailing Internal Revenue Service mileage reimbursement rate. The zip code based mileage fee shall be charged regardless of the number of attempts or actual mileage traveled during the sheriff's operational period. (14) In making demand for payment on executions when payment is not made, one dollar ($1.00). (15) For levying execution or writ of attachment, besides actual inventory, custodial and transportation costs necessarily incurred, twenty-nine dollars and twenty-five cents ($29.25) per hour per deputy and thirty-eight dollars and eighty-four cents ($38.84) per hour per deputy sergeant, plus mileage as defined in (13) and other actual expenses. (16) For levying writ of replevin, besides actual inventory, custodial and transportation costs necessarily incurred, twenty-nine dollars and twenty-five cents ($29.25) per hour per deputy and thirty-eight dollars and eighty-four cents ($38.84) per hour per deputy sergeant plus mileage as defined in (13) and other actual expenses. (17) No custodian shall be appointed by the sheriff to take custody of goods by him/her attached, nor shall any deputy be placed in charge thereof unless the plaintiff or plaintiff's attorney shall request the appointment of such custodian in writing; such custodian or deputy shall receive twelve dollars ($12.00) per diem of twelve (12) hours or fraction thereof which shall be taxed as costs in the case. (18) For making and filing for record a certificate of levy on attachment or other cases, thirty dollars ($30.00). (19) For committing and discharging prisoners to and from the county jail, thirty dollars ($30.00), which fee shall be collected at the time of commitment from the prisoner, but shall be refunded to any prisoner who is not convicted. (20) For serving writ with aid of posse comitatus with actual expenses necessarily incurred in executing said writ, sixty dollars ($60.00); for serving same without aid, four dollars ($4.00). (21) For attending before any judge, court not being in session, with prisoners with writ of habeas corpus for each day of twelve (12) hours or fraction thereof, twelve dollars ($12.00). (22) For attending courts of record when in session per diem of twelve (12) hours or fraction thereof, twelve dollars ($12.00); but the attendance upon the county court shall be certified by the judge of the court at the close of each month. (23) For advertising property for sale besides the actual cost of the advertising, actual expenses, thirty dollars ($30.00). (24) For making certificates of sale previous to execution of deed, or on sales of personal property, thirty dollars ($30.00). (25) For executing and acknowledging deed of sale of real estate, forty dollars ($40.00). (26) For taking, approving, and returning bond in any case, ten dollars ($10.00). (27) For executing capias or warrant in criminal cases, on each prisoner named therein, two dollars ($2.00). (28) Mileage for transporting insane or other prisoners (besides the actual expenses necessarily incurred) and for the service of mittimus or other process order, whether written or otherwise, in transporting prisoners, shall be calculated for all vehicles used at ninety (90) percent of the prevailing Internal Revenue Service mileage reimbursement rate, except that if either a four-wheel drive vehicle or privately owned airplane is necessary and authorized, the provisions of sections 24-9-14(d), and (e), C.R.S, shall apply. Mileage shall be only by for one (1) officer, and no mileage shall be charged upon the guards attending the officer having custody of the prisoner, and further except that the guards attending the officer in charge of the prisoner shall receive besides the expenses necessarily incurred the sum of twelve dollars ($12.00) per diem of twelve (12) hours or fraction thereof. (29) For his/her services in sales of real estate on an execution of decree, order of court or other court process, besides actual expenses, on all bids under three thousand dollars ($3,000.00), twenty dollars ($20.00); on all sums bid over three thousand dollars ($3,000.00), one (1) percent; but such commission shall in no case exceed the sum of one hundred dollars ($100.00). (30) For money collected by sale of personal property on all sums bid under five hundred dollars ($500.00), five (5) percent; on all sums bid over five hundred dollars ($500.00) and under one thousand dollars ($1,000.00), six (6) percent; on all sums bid over one thousand dollars ($1,000.00), seven (7) percent; but no fee shall be charged for an auctioneer or other person for making sales of personal property; and in no case shall such commission exceed the sum of one hundred dollars ($100.00). (31) For money collected or settlements made without sale, after writ of execution, attachment, or replevin has been placed in his/her hands, and levy or demand for payment has been made on the proper party, on all amounts under five hundred dollars ($500.00), three (3) percent; on all amounts over five hundred dollars ($500.00) and under one thousand dollars ($1,000.00), two (2) percent; on all amounts over one thousand dollars ($1,000.00), one and one-half (1½) percent; but the fee in no case shall exceed the sum of one hundred fifty dollars ($150.00); and the plaintiff or any person making any settlement shall be liable to the sheriff for such fees. (32) For pursuing and capturing or pursuit without capture, each prisoner charged with the commission of any crime denominated a felony, beyond the limits of the county, all necessary expenses of such pursuit, upon a verified, itemized account being presented for the same together with twelve dollars ($12.00) per diem of twelve (12) hours for the time occupied in such pursuit. (33) For serving and returning writ of ne exeat or body attachment, twenty dollars ($20.00). (34) For serving copy of execution when making levy on shares of stock under execution on each party served, sixty dollars ($60.00). (35) For making certificates of levy on shares or otherwise, thirty dollars ($30.00). (36) For making return on execution, sixty dollars ($60.00). (37) For executing certificate of redemption, thirty dollars ($30.00). (38) For serving and executing a writ of restitution, or order of possession of premises, besides transportation costs necessarily incurred, one hundred twenty dollars ($120.00) for the first two (2) hours of service, except that a sheriff may charge for additional actual expenses if the work performed exceeds two (2) hours in duration. Those charges shall include twenty-nine dollars and twenty-five cents ($29.25) per hour per deputy and thirty-eight dollars and eighty-four cents ($38.84) per hour per deputy sergeant, plus other actual expenses. A sheriff may charge a fee under this paragraph after the sheriff has provided a detailed accounting of actual expenses to the person requesting such service. Actual transportation costs assessed pursuant to this paragraph shall only be charged once per location for each service or execution. (b) As used in this article, the term actual expenses means those personnel and processing costs incurred in typing, processing, filing, and serving the process papers but does not include mileage. (c) Where two (2) or more papers are served on the same person or on different persons at the same time and place and in the same action, the sheriff shall charge the single zip code based mileage fee as defined in (13) for the first process and an additional ten dollars ($10.00) for each subsequent process served. (d) The sheriff shall have the authority to establish billing accounts and procedures for Colorado licensed attorneys and collection agencies that have a principal office located in Colorado. The sheriff may suspend such billing privileges for nonpayment or other good cause. Except in the case of such authorized billing accounts, all fees shall be paid in advance, if the amount can then be ascertained. (Ord. No. 534-80, § 1 (157.2), 11-10-80; Ord. No. 100-85, § 1 , 3-4-85; Ord. No. 547-88, §§ 1, 2, 8-29-88; Ord. No. 23-97, § 1 , 1-6-97; Ord. No. 735-01, § 1 , 8-27-01; Ord. No. 689-05, § 1 , 9-19-05; Ord. No. 416-10, §§ 1—4, 8-9-10) Sec. 14-92. - Presumptive evidence of possession of firearm found in a motor vehicle. (a) The presence of any firearm in a motor vehicle other than a public bus is presumptive evidence that the firearm is in the possession of all the occupants of the motor vehicle at the time any firearm is found, except under the following circumstances: (1) If the firearm is found in a taxicab which is being operated for hire by a duly licensed driver, the presumption shall not apply to the driver; or (2) If the firearm is found upon the person of one (1) of the occupants of the vehicle. (b) For purposes of this section, "motor vehicle" means any self-propelled vehicle which is designed primarily for travel on the public highways and is generally and commonly used to transport persons and/or property over the public highways, but the term does not include vehicles moved solely by human power or used exclusively upon stationary rails or tracks. 17-27-102. Deﬁnitions. (6) "Offender" means any person accused of or convicted of a felony or misdemeanor as deﬁned by the laws of the state of Colorado. Sec. 42-18. - General duties. The several members of the police department, when on duty, shall devote their time and attention to the discharge of the duties of their stations according to the Charter, this Code, ordinances of the city and the rules and regulations of the department to preserve order, peace and quiet, and enforce the laws and ordinances throughout the city. (Code 1950, § 211.1-1) Sec. 42-19. - Powers of arrest. (a) Members of the classified service of the police department shall have power to arrest all persons found in the act of committing a criminal violation of any law or ordinance or aiding or abetting in any such criminal violation and shall arrest any person found under circumstances which would warrant a reasonable person in believing that such person had committed or is about to commit a crime. (b)
Members of the classified service of the police department shall have the power to stop all persons believed to be committing any act declared to be a noncriminal infraction by this Code, to detain such persons as reasonably necessary to obtain proper identification, vehicle registration or proof of insurance and to determine whether a noncriminal infraction or other violation has occurred and to issue and serve or tender service of a summons and complaint or a penalty assessment notice to such persons. (Code 1950, § 211.1-2; Ord. No. 756-89, § 15, 12-18-89) Sec. 42-26. - Report of injuries to chief of police. (a) Hospitals. It shall be the duty of every physician, surgeon, superintendent, proprietor or other person in charge of any public or private hospital or sanitarium within the city, whenever any person has become an inmate or patient of or has been brought into such hospital or sanitarium suffering from any wound or other injury inflicted or caused by an act of the person or by the act of another, to report forthwith to the chief of police, the name of such inmate or patient, and all facts appertaining to such case, within the knowledge of such physician, surgeon, superintendent, proprietor or other person in charge of the hospital or sanitarium. (b) Physicians. It shall be the duty of every physician or surgeon practicing within the city, other than and in addition to those mentioned in subsection (a), who attends or has under their charge or care any patient or other person suffering from any wound or injury or caused by an act of the person, or by the act of another, to report forthwith to the chief of police the name of such patient or other person and all facts appertaining to such case within the knowledge of such physician or surgeon. (c) Not to apply to police cases. The provisions of subsections (a) and (b) shall not apply to any case where the person wounded or injured has been brought to the hospital or sanitarium, or to the physician or surgeon, by any member of the classified member of the police department. (d) Reports forwarded to city attorney. It shall be the duty of the chief of police, upon receipt of the reports provided for in this section, to immediately forward the reports to the city attorney for further investigation Sec. 42-28. - Power to fine officers. The manager of safety shall have the power to fine any police officer, member or employee for any misconduct or breach of discipline or violation of the rules and regulations of the police department and to collect the same or cause it to be withheld from any amount that is or may become due such person. Sec. 42-53. - Same—Police chief, deputy chiefs, division chiefs, and commanders. (a) Effective January 1, 2009, the chief of police, deputy chiefs, division chiefs, and commanders shall receive the following annual salaries: Police chief $155,487 Deputy chief 144,637 Division chief 137,754 Commander 125,225 (b) Effective December 19, 2010, the chief of police, deputy chiefs, division chiefs, and commanders shall receive the following annual salaries: Police chief $161,706 Deputy chief 150,422 Division chief 143,264 Commander 130,234 (c) Pay schedule. As provided in Section 18-11, the city is authorized to implement a lag payroll system for the chief of police, deputy chiefs, division chiefs, and commanders. Except as otherwise provided in section 18-11 and in this division 3 of article II, every such employee shall be paid biweekly at a biweekly rate arrived at by dividing the annual rate set forth in the pay plan for the pay grade applicable to the class to which the position is allocated by the biweekly periods for the calendar year.
ARTICLE XX. - HOME RULE CITIES AND TOWNS
Section 1. - Incorporated.
The municipal corporation known as the city of Denver and all municipal corporations and that part of the quasi-municipal corporation known as the county of Arapahoe, in the state of Colorado, included within the exterior boundaries of the said city of Denver as the same shall be bounded when this amendment takes effect, are hereby consolidated and are hereby declared to be a single body politic and corporate, by the name of the "City and County of Denver." By that name said corporation shall have perpetual succession, and shall own, possess, and hold all property, real and personal, theretofore owned, possessed, or held by the said city of Denver and by such included municipal corporations, and also all property, real and personal, theretofore
owned, possessed, or held by the said county of Arapahoe, and shall assume, manage, and dispose of all trusts in any way connected therewith; shall succeed to all the rights and liabilities, and shall acquire all benefits and shall assume and pay all bonds, obligations, and indebtedness of said city of Denver and of said included municipal corporations and of the county of Arapahoe; by that name may sue and defend, plead and be impleaded, in all courts and places, and in all matters and proceedings; may have and use a common seal and alter the same at pleasure; may purchase, receive, hold, and enjoy or sell and dispose of, real and personal property; may receive bequests, gifts, and donations of all kinds of property, in fee simple, or in trust for public, charitable, or other purposes; and do all things and acts necessary to carry out the purposes of such gifts, bequests, and donations, with power to manage, sell, lease, or otherwise dispose of the same in accordance with the terms of the gift, bequest, or trust; shall have the power, within or without its territorial limits, to construct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct, and operate water works, light plants, power plants, transportation systems, heating plants, and any other public utilities or works or ways local in use and extent, in whole or in part, and everything required therefore, for the use of said city and county and the inhabitants thereof, and any such systems, plants, or works or ways, or any contracts in relation or connection with either, that may exist and which said city and county may desire to purchase, in whole or in part, the same or any part thereof may be purchased by said city and county which may enforce such purchase by proceedings at law as in taking land for public use by right of eminent domain, and shall have the power to issue bonds upon the vote of the taxpaying electors, at any special or general election, in any amount necessary to carry out any of said powers or purposes, as may by the charter be provided. Section 1. Incorporated.
II. PURPOSE OF ARTICLE. To grant home rule. The purpose of this article is to grant home rule to Denver and other municipalities of the state. City & County of Denver v. Hallett, 34 Colo. 393, 83 P. 1066 (1905); Lehman v. City & County of Denver, 144 Colo. 109, 355 P.2d 309 (1960). The subject matter of this article is home rule, or the right of self-government by Denver and other municipalities in the state relating to local and municipal matters. People ex rel. Tate v. Prevost, 55 Colo. 199, 134 P. 129 (1913). The purpose of this article is to extend to the other cities of the state the privilege of adopting charters in substantially the same manner as is provided for the adoption of the Denver charter, granting to such cities the same power as to real and personal property and public utilities as is granted to the city and county of Denver. People ex rel. Elder v. Sours, 31 Colo. 369, 74 P. 167 (1903). It was intended to give as large a measure of home rule in municipal affairs as could be granted under a republican form of government which the state is obliged to maintain under its compact with the federal government, as evidenced by the enabling act. People ex rel. Parish v. Adams, 31 Colo. 476, 73 P. 866 (1903); Fishel v. City & County of Denver, 106 Colo. 576, 108 P.2d 236 (1940); Toll v. City & County of Denver, 139 Colo. 462, 340 P.2d 862 (1959). The prime purpose of this article was to bestow upon the inhabitants of the city of Denver, and certain surrounding territory, a very greatly increased measure of home rule. Ward v. Colo. E. R. R., 22 Colo. App. 332, 125 P. 567 (1896); Berman v. City & County of Denver, 120 Colo. 218, 209 P.2d 754 (1949). It remains agency of state for purpose of government. The municipality of Denver, though created by a constitutional amendment by a direct vote of the people, and having the power to frame its own charter, is just as much an agency of the state for the purpose of government as if it was organized under a general law passed by the general assembly. The mode of its creation does not change the nature of its relation to the state. Like cities and towns organized under the general statutes, it is still a part of the state government. Keefe v. People, 37 Colo. 317, 87 P. 791 (1906).
Inhabitants to designate agencies to perform county duties. The sole effect of this article in relation to county functions and duties is to impose upon the inhabitants of the territory of Denver the power and duty to designate the agencies which shall therein discharge the acts and duties required of county ofﬁcers to be done by the constitution and general law. Dixon v. People ex rel. Elliott, 53 Colo. 527, 127 P. 930 (1912).
"Water works", as used in this section, includes water and water rights. City of Thornton v. Farmers Reservoir & Irrigation Co., 194 Colo. 526, 575 P.2d 382 (1978). Denver's creation and operation of a water works for the use of Denver and its residents does not offend this constitutional provision. Cottrell v. City & County of Denver, 636 P.2d 703 (Colo. 1981). Denver has constitutional and statutory authority to appropriate and provide water for use outside its city limits. Denver v. Colo. River Water Conservation Dist., 696 P.2d 730 (Colo. 1985). "Public utilities" are those facilities necessary for the maintenance of life and occupation of the residents, the services of which are available to all, and with respect to which all have the right to demand service. Ginsberg v. City & County of Denver, 164 Colo. 572, 436 P.2d 685 (1968). The term "public utility" has come into use in the sense, not of a chattel or other property used for the beneﬁt of the public, but of a system of works operated for public use, examples of which are telephone, street railway, water, electric light and power, gas works and other systems. Ginsberg v. City & County of Denver, 164 Colo. 572, 436 P.2d 685 (1968). Sewers are "public utilities". Although sewers are not expressly mentioned in the constitution, the necessary correlative to waterworks expressly granted in the constitution is a facility to carry off that same water. Thus, sewage lines and disposal facilities also are included in the general term "other public utilities". Town of Glendale v. City & County of Denver, 137 Colo. 188, 322 P.2d 1053 (1958); Toll v. City & County of Denver, 139 Colo. 462, 340 P.2d 862 (1959).
The duties of judges of the district court, county judges, district attorneys, justices of the peace, and, generally, of county ofﬁcers, are mainly governmental; and, so far as they are governmental, they may not be controlled by other than state agencies without undermining the very foundation of our government. People ex rel. Elder v. Sours, 31 Colo. 369, 74 P. 167 (1903).
"Courts", in the constitutional sense, are the tribunals established for the purpose of administering justice. Dixon v. People ex rel. Elliott, 53 Colo. 527, 127 P. 930 (1912).
This section clearly recognizes two kinds of courts, viz.: First, those established by and expressly enumerated in the constitution itself; and second, such other courts as the general assembly may at its pleasure from time to time create. People ex rel. Attorney Gen. v. Richmond, 16 Colo. 274, 26 P. 929 (1891).
A citizen has no natural or inalienable right to hearing in supreme court. If the right to such a hearing exists, it must be deduced from some constitutional guaranty. People ex rel. Attorney Gen. v. Richmond, 16 Colo. 274, 26 P. 929 (1891).
Control of practice of law is judicial function. Questions as to issuing and revoking of licenses to practice law and the terms and conditions thereof, determining what acts do or do not constitute the practice of law, punishments for unlicensed practices, methods to prevent the unlawful practices of law and all other matters pertaining thereto are judicial functions and fall within the powers and duties of the judicial branch of the government made up of our constitutionally created courts, the supreme court, district courts and county courts. Conway-Bogue Realty Inv. Co. v. Denver Bar Ass'n, 135 Colo. 398, 312 P.2d 998 (1957).
Justice courts are not constitutional courts and exist under authority and by permission of the legislative branch of the government. United Sec. Corp. v. Pantex Pressing Mach., Inc., 98 Colo. 79, 53 P.2d 653 (1935).
As a general rule, only courts of law have the authority to decide controversies that affect individual rights. One major exception to this general rule is the power of an Administrative Agency to make decisions concerning the rights of parties. An administrative agency is a body of government created by a legislature and charged with supervision and regulation of a particular area of governmental concern. Part of the regulatory power given to an administrative agency is the power of adjudication. Under the Administrative Procedure Act (60 Stat. 237 [5 U.S.C.A. § 551 et seq.]), an agency engages in adjudication when it follows a process for the formulation of an order. With the exception of rule making, any decision by an agency that has a legal effect is a quasijudicial action.
And any attempt to take away this jurisdiction is null and void. When a federal constitutional question is raised in any of the trial courts of Colorado the right is given, and the duty is imposed upon those courts, by that instrument itself, to adjudicate and determine it. That right so given can neither be taken away nor that duty abrogated by the state of Colorado, by constitutional provision or otherwise, and any attempt to do so is null and void. Such pretended constitutional inhibition is no part of the constitution of the state of Colorado, and the judge's oath binding him to the support and enforcement of that instrument has no relation to such void provisions. People v. Western Union Tel. Co., 70 Colo. 90, 198 P. 146 (1921). A state constitutional provision prohibiting trial courts from passing on constitutional questions takes from a defendant the right of interposing the defense that the act under which he is prosecuted is unconstitutional, and is invalid as violating the "due process of law" clause. People v. Max, 70 Colo. 100, 198 P. 150 (1921).
Judicial power cannot be conferred by consent upon one not clothed therewith in manner designated by law; nor can suitors by consent legalize the effort of such a person to act in place of a judge and perform his ofﬁcial duties. Haverly Invincible Mining Co. v. Howcutt, 6 Colo. 574 (1883). No authority is given in the constitution, and none could be given by statute, for parties litigant to choose whom they will for the purpose of sitting as a court in the trial of a given cause, and the judge himself cannot cast his "judicial robe upon the shoulders of any man" who might be acceptable to the parties in a particular suit. Haverly Invincible Mining Co. v. Howcutt, 6 Colo. 574 (1883).
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