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Article I: Corporate Name, Boundaries, Powers, Rights, and Liabilities

Sec. 1. Name–boundaries.Go to the top

The municipal corporation, heretofore and now existing as a city of the second class in Boulder County, State of Colorado, and known as the City of Boulder, shall remain and continue to be a body politic and corporate under this charter, with the same name and boundaries, and with power to change either name or boundaries in the manner authorized by law.

Sec. 2. Corporate powers-rights-liabilities.Go to the top

The City of Boulder, as its name and limits now are, or may hereafter be,

(a) Shall have perpetual succession, and shall own, possess, and hold all property, real and personal, now owned, possessed, or held by the said City of Boulder, and shall assume, manage, and dispose of all trusts in any way connected therewith;

(b) Shall succeed to all the rights and liabilities, and shall acquire all benefits, and shall assume and pay all bonds, obligations, and indebtedness of the said City of Boulder; 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, lease, and enjoy or sell and dispose of real and personal property; and where property is acquired by condemnation, the city shall have the power to acquire an excess over that needed for the purpose or improvement for which such property is acquired, and to sell or lease such excess property with restrictions in order to protect the purpose for which the same was acquired;

(c) May receive bequests, gifts, and donations of all kinds of property, with or without conditions, or in fee simple, or in trust for public, charitable, or other purposes; and do all things and acts necessary to carry out the purpose 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;

(d) Shall have the power, within or without its territorial limits, to construct, condemn and purchase, purchase, acquire, lease, add to, maintain, conduct, and operate waterworks, 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 every-thing required therefor, for the use of said city 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 may desire to purchase, in whole or in part, the same or any part thereof may be purchased by said city, 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 tax-paying electors, at any special or general election, in any amount, within the limit fixed by this charter, necessary to carry out any of said powers or purposes2;

(e) Shall have the power to conduct and engage in, lease, or contract in connection with such business, enterprises, pursuits, and activities as may be determined to be for the common welfare and benefit of the inhabitants of the city, including the acquirement, establishment, and operation within or without the city limits of telephone systems, gas works, ice plants, municipal coal yards and mines, municipal stores and markets, park grounds and systems, and places of recreation, amusement, and instruction, and the ornamentation and improvement of any or all such grounds, systems, and places;

(f) Shall have power to regulate and provide rules for the proper construction and maintenance of ditches, canals, and waterways within the city and upon all city property wherever located for the protection of the lives and property of the inhabitants; and

(g) Shall have all powers not denied to said city by the constitution of the State of Colorado, including all powers, privileges, and functions, expressed or implied, which, by or pursuant to the constitution or laws of said state, have been, or could be, granted to or exercised by any city of the first or second class; it being the intention of this article to grant and confirm to the people of the City of Boulder the full right of self-government, in both local and municipal matters, and the enumeration herein of certain powers shall not be construed to deny to said city, and to the people thereof, any right or power essential or proper to the full exercise of such right.

(h) All powers of the city shall, except as otherwise provided in this charter, be vested in its elective officers, subject to distribution and delegation of such powers as provided in this charter or by ordinance.


2 This subsection is restricted to bonds to pay for specified public utilities, local in use and extent. This paragraph was manifestly intended to apply only to bonds issued, and made payable by the city in its corporate capacity. Sanborn v. Boulder, 74 Colo. 358, 221 P. 1077(1923).

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